Mitigation (Takhfeef) and Facilitation (Tayseer): In the Context of Islamic Law: A Jurisprudential Study

Abstract

Islamic law is characterized by university, inclusiveness and amplitude. It aims to preserve human necessities, dignity, freedom, and lawful interests, as well as to avoid human from hardship and discomfort by not assigning them what is unbearable and this moderate approach made humans capable of acting upon the Sharia and carrying it out on others. From here, the importance of the Principle of Ease and Removal of Hardship in Islam emerges which is also known as Mitigation or Facilitation and is discussed by the Jurists in detail. There are many factors or reasons for mitigating or dilution in the Sharia like, Travel, Illness, Ignorance, Forgetfulness, Coercion, General affliction, Weakness, and others. This aspect of religion has been tainted with some confusion, especially in the current modern era, which led to the emergence of three approaches: The first approach is a strict one that may lead to hardship. The second approach is lenient to the extent that may eliminate the legal obligations. As far as the third approach is concerned, it is the moderate one based on the sound understanding of the scholars of Ahl al-Sunnah wal Jama`ah. Hence, to remove confusion and compare the Principle of Ease or Mitigation in Islamic law in the light of the moderate approach, this topic has been chosen