Azimah

Azimah is the original hukm of performing ibadah that has been stated by Allah
towards a mukallaf. According to Kamali (2002), a law or hukm fall under 'azimah when it is
in its primary and unabated rigour without reference to any attenuating circumstances which
may soften its original force or even entirely suspend it. On the other hand, it is a law that the
Lawgiver had intended it in the first place. Other than that, Azimah is the normal and general
commands of the Shariah that have been commanded by Allah without considering a
specific individual or situation. It can be divided into the obligatory (wajib), mandub
(recommended), haram (forbidden), makruh (abominable) and mubah (permissible). Azimah
or strict law may consist of either commands or prohibitions. Thus the prohibition of murder,
theft, adultery, wine-drinking, etc., are all instances of 'azimah in the Qur'an. (Nyazee, 2000)
Rukhsah
Rukhsah is an exception to a general law, granted to preserve life or remove
hardship. It is generally denotes the permission given by Allah to His servant in order to
reduce his burden. The rules enacted by Allah to lighten the obligation of a Muslim mukallaf
(a Muslim bound by Islamic rules and obligations) in certain cases that call for such a relief
The rules enacted for the situations of an excuse although the reason for prohibition exists.
Rukhsah can be divided into four variety (Kamali, 2002). First, necessity will make
the forbidden things permissible. As an example, eating the flesh of a carcass and drinking
wine at the point of starvation or extreme thirst. When a person faces a situation where there
is nothing to eat except the prohibited food, he or she is given permission to consume it in
order to prevent death. Second, omitting a wajib when conformity to that wajib causes
hardship. In some cases, a concession is granted to the traveller to shorten the quadruple salat,
or not to observe the fasting of Ramadan. Third, there is also a rukhsah in the area of
transactions. It occurs in the form of validating contracts which would normally be
disallowed. For example, lease and hire (ijarah), advance sale (salam) and order for the
manufacture of goods (istisna`) are all anomalous, as the object of contract therein is nonexistent at the time of contract, but they have been exceptionally permitted in order to
accommodate the public need for such transactions. Last, concessions are given to the
Muslim ummah from certain rigorous laws which were imposed under previous revelations.
For example, zakah to the extent of one-quarter of one's property, the impermissibility of

salah outside a mosque, and the illegality of taking booty (i.e. ghanimah), which were
imposed on people under previous religions, have been removed by the Shari 'ah of Islam.
There are seven types of rukhsah which is firstly rukhsah Isqath which is when once
someone had obliged to do that rukhsah due to the drop of azimah law. It can be seen in the
situation where a person may drop the obligation to perform Jumaat prayer or hajj because of
sickness. The facility to drop must come from the Shariah. Secondly, rukhsah Tanqis which
means the facility to lessen or reduce the obligation or burden for example, shortening the
prayer (qasar) during the journey. Third is rukhsah Ibdal which means that the facility to
replace such as to replace wudhu with tayamum in the case of unavailability of water. Fourth
is rukhsah Taqdim which is the facility to perform in advance like jama taqdim prayer that
involves performing Asar prayer in Zuhur prayer time. Fifth is rukhsah Takhir that the
facility to delay the performance. For an example, a person may perform Zuhur prayer
during Asar prayer time. This situation is known as Jama takhir. Other than that, Rukhsah
Ittirar also included in types of rukhsah. It means the facility to tarnish to ease the burden. For
example, consuming food or drinks that contain liquor or unclean (najis) ingredient for the
purpose of medication. Last but not least, Rukhsah Taghyir which is the facility to change.
For an example the person performing khauf prayer during the war time. The ways of
prayer is different from the normal ways.
According to Imam Al-Sayuti in his book Al Ashbah wal nazair, there are seven
conditions that involves the concession in Ibadah. First, in term of travelling or for musafir.
In Islam, when travelling or for musafir we can shorten and combined form of prayer that can
be known as Qasar and Jama. It is permissible for Muslims to combine their prayers even if
one is not travelling, not sick and whether is calm. As long as the need arises, one may do so.
In our time, the possibility of extending the permission for combining ones prayer to other
new situations warrants consideration. These include surgeons performing long surgeries, one
attending a meeting of grave importance, and so on according to reasonable circumspection.
Other than that, Muslim also gets the permission to defer obligatory fasting.
Second, the sick person or in state of illness which might affected his/her health may
be given a rukhsah. For an example, he can do tayamum if it can harm from using water in
wudhu or when there is not enough water (for drinking only) and the use of the (najasah) dirt
or liquor for treatment. Related to finance, the example are such as paying fidyah for those

older or mature person whom cannot perform fasting in Ramadhan or paying kaffarah from
fasting to serving foods (staple foods) use to needy people.
Third, the ignorance or al-jahlu is given a concession. Ignorance can be defined as not
having knowledge. In other words, it may imply a general condition or it may apply to apply
to lack of knowledge or awareness of a particular thing. Ignorance is a condition or state
where a person lacks knowledge about something. It is when the person is uninformed, is
uneducated about something. For example, those who has share in the partnership property,
did not know that his partner has sold that property. So his right in that property cannot be
dispelled. A new converter or a muallaf make movement more than three times during prayer
is forgiven as he is still in ignorance or did not know in details.
Fourth is the forgetfulness. Forgetfulness or nisyan is state in which a person is not
very careful about things though he has full knowledge of them, as distinguished from sleep
and fits of fainting in which such knowledge is lacking. Forgetfulness does not
affect ahliyyat al-wujub nor does it affect the capacity for execution. The khitab however
becomes operative as soon as the person remembers. Transactions undertaken by such a
person are valid and enforceable against him. Being excused for what is done mistakenly or
out of forgetfulness does not mean that there will be no consequent rulings. This means that a
person might be forgiven but still has to take responsibility for his actions. The consequent
rulings for doing something mistakenly or out of forgiveness can be classified into three
categories. The first category is the mistakes where there is no consequent ruling such as a
person or a Muslim who eats during the day in the month of Ramadan out of forgetfulness.
The majority of scholars say that his fasting is still valid and he does not have to repeat that
day. The second is when there is a consequent rulings to actions that are done out of mistakes
or forgetfulness such as if someone caused harm or damage to the property or
money of someone else by mistake. In this case the person is responsible and has to
compensate for what he has damaged even though he is forgiven by Allah and is not being
regarded as sinful. The third category is the actions where there are different opinions among
the Muslim scholars of whether there is a consequent ruling or not. Some scholars say that
the person has a consequent ruling. Others will say that he is fully excused and has nothing to
do. For example, if a person talked out of forgetfulness during his prayer. Some scholar
viewed that he has to repeat his prayer while others said that he is going to be forgiven and
excused.

Next, Imam al-Sayuti stated that the fifth condition for rukhsah in Ibadah is duress or
coercion. It is a possible legal defence by which defendants argue that they should not be held
liable because the actions that broke the law were only performed out of an immediate fear of
injury. Ikrah or duress is a situation in which one is forced to do something without his
willingness. It has no effect either on the capacity for acquisition or the capacity for
execution, because this state does not affect life or reason and discretion. In the situation
where a person is forced to do something which is not acceptable in Islam, this duress can be
categorized into two categories. For example, when a person is forced to eat haram food
otherwise harm or injury will be inflicted on him that endangers his life or limb is permissible
to eat. In another situation, a person who is forced to say something Kufr is permissible to say
such thing as long as his faith is maintained in Islam.
The sixth condition is the general necessity or umum balwa. It can be define as the
widespread affliction that virtually everyone and is thus difficult to avoid. For examples, for
those who suffer the disease which is unable to control the discharge of his urine, are excused
to perform prayer in unclean condition and a Muslim is permissible to perform prayer if
found dirt on their cloth during rainy days. . It is commonly applied in Islamic muamalat,
such as the permissible of a small gharar in trading, such as in derivative contract. Because
there is no items existed when the contract has been done which is more to bay madum that
involves sale of item that did not exist at the time and the usage of ATM machines that
involves the mix between halal money with non-halal money.
The seventh condition is the deficiency of perfection or al-naqs. The person whom not
having the ability are not entitle to perform the duty, such as the child, the lunatic and the
sleeping person. As an example, in the case of minor and insane people, they are allowed to
defer obligatory duties like praying, fasting and hajj. Other than that, women also are not
obliged to perform Jumaat prayer.
Kamali, M. H. (2002). Principles of Islamic Jurisprudence (3rd ed.). United Kingdom: The
Islamic Texts Society.
Nyazee, I. A. K. (2000). Islamic Jurisprudence. Islamabad: Islamic Research Institute.