Journal of Islamic Studies > Volume 29, No. 1, 2017

Fiqh of Balance for the Handicapped: an Applied Study on Acts of Worship \ Abdulmajeed Aldarwish

Abstract

This research is concerned with the study of the fiqh of balance, with specific reference to the handicapped. It seeks: to show how the fiqh of balance is inclusive of all aspects of  fiqh; to define the concept of  the fiqh of balance, its legitimacy and related requirements; and to demonstrate some related applications concerning the handicapped. The research adopts a deductive methodology. It includes three main sections in addition to an introduction and a conclusion, summing up the research findings and recommendations. Among the most important requirements of  the fiqh of balance are: observance of the Shari'ah purposes; complete knowledge of the rules of tar'jeeh ( establishing priorities and preferences) between the beneficial and the harmful; and knowledge of the fiqh of real life situations; among the important procedural requirements of the fiqh of balance for the handicapped are: the handicapped Muslim cannot dispense an act of worship, and so he is to do what he can do, drop what he cannot do, or postpone it for later or deputize someone else to do it if permissible; if a handicap (such as emotional or behavioral disturbance) harms others sharing an act of worship, the handicapped should not attend, e.g. congregational prayers; the handicapped should not be made to perform acts of worship that may harm them, e.g. throwing the jamaraat during Hajj, where a crippled can deputize others to throw the jamaraat on his behalf.

Key Words: fiqh almuwazanaat / fiqh of balance - people with disabilities - worships.

(Received 08/09/2016; accepted for publication 10/10/2016.)