Gradation in Shari`ah rulings


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Q 10: What is the difference between prohibiting alcohol gradually and the order of Jihad? This is because we are asked to abide by the last prohibition mentioned in the case of wine drinking and by the ability to fight in case of Jihad.


A: After the perfection of religion and establishment of rulings of Shari`ah (Islamic law) after the demise of the Prophet (peace be upon him), Shari`ah rulings should be followed as a whole. It is not permissible to abide by them gradually (Part No. 12; Page No. 239) as was the case at the beginning of the call to Islam. Every Muslim, for example, should believe that drinking wine is prohibited. Whoever deems it lawful while knowing that it is prohibited is a Murtad (apostate) because he denies a common knowledge in Islam that is known through authentic legal proofs and the Ijma` (consensus of scholars).As for legal commands in Islam, a person is not required to do anything that is above his abilities. A person is not asked to do of the righteous deeds what is beyond his ability or what causes him great hardship. Every issue has its own ruling. The obligation of Jihad, for example, upon any person is dependant upon the degree of circumstances and causes. This is not to say that this is a matter of gradualism in the legislation of Jihad. Allah (Exalted be He) says: So keep your duty to Allâh and fear Him as much as you can It was authentically reported that the Prophet (peace be upon him) said: "When I command you to do anything, do of it as much as you possibly can, and when I forbid you to do anything, then abandon it." May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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