فقہِ اسلامی میں دفعِ حرج اور قلتِ تکلیف کےاصولوں کے ارتقاء کا تحقیقی جائزہ

A Research Review of the Evolution of the Principles of Removal of Hardship and Minimization of Legal Burden in in Islamic Jurisprudence

Abstract

This study presents a comprehensive analytical review of the evolution of the principles of daf‘al-ḥaraj (removal of hardship) and qillat al-taklīf (minimization of legal burden) during the Prophetic era and their subsequent development in Islamic legal thought. The research establishes that the advent of Islam was fundamentally aimed at liberating humanity from excessive religious and social constraints imposed by earlier traditions. The Qur’ānic vision and the Prophetic mission emphasized ease (taysīr), mercy, and human capacity as central elements of the Sharī‘ah.

The study explores how, during the Makkan period, legal obligations were minimized to focus on faith-building and spiritual purification, thereby preventing psychological and practical burden on new converts. It further highlights the role of gradual legislation (tadarruj) as a key mechanism in reducing hardship, particularly illustrated through the prohibition of alcohol. The Prophetic Sunnah reinforced this approach by consistently preferring ease over difficulty, provided no sin was involved.

In the Madinan period, the emergence of a structured Muslim society led to the institutionalization of legal concessions (rukhaṣ), such as shortened prayers during travel and exemptions in cases of illness, demonstrating a dynamic application of the principle of hardship removal. The study also examines how previous rigid legal constraints imposed on earlier communities were lifted, reflecting the universal and facilitative nature of Islamic law.

Furthermore, the research traces the intellectual expansion of these principles in the eras of the Companions and the Successors, where they were applied through ijtihād to address new socio-political and economic challenges. The codification phase of Islamic jurisprudence transformed these flexible practices into formal legal maxims and principles, such as al-mashaqqah tajlib al-taysīr (hardship begets ease).

The study concludes that the principles of daf‘ al-ḥaraj and qillat al-taklīf constitute the dynamic spirit of Islamic law, ensuring its adaptability, human-centeredness, and relevance across changing contexts. These principles not only safeguard human welfare but also maintain a balance between divine command and human capability.