Aspects of Agreement and Difference between Those with Excuses for Breaking the Fast in Ramadan: A Comparative Jurisprudential Study 10.35781/1637-000-138-004

Abstract

This study is titled: "Aspects of Agreement and Difference Between Those with Excuses for Breaking the Fast in Ramadan- A Comparative Jurisprudential Study." The significance of the study lies in its demonstration of the aspects of agreement and difference between those with excuses who are permitted to break the fast in Ramadan, and it clarifies the legal reasons (ʻilal) upon which the rulings differentiating between them are based.The study aimed to introduce those with excuses who are permitted in Islam to break the fast, and to enumerate and compile the aspects of agreement and difference between them, while explaining the reasons and wisdoms behind differentiating their rulings. The inductive, comparative, and descriptive analytical methods were adopted. The study was divided into an introduction, a preliminary section, and three main sections. The preliminary section dealt with the definition of "aspects" and those with excuses for breaking the fast. The first section addressed the aspects of agreement and difference between the sick person and the traveler. The second section was dedicated to the aspects of agreement and difference between the sick person and the incapacitated person (ʻājiz). The third section focused on the aspects of agreement and difference between the pregnant woman and the nursing mother. Meanwhile, the fourth section discussed the aspects of agreement and difference regarding the obligation to make up the fast but not the prayer for the menstruating woman (ḥā'id) and the postpartum woman (nufasā'). The study concluded by mentioning the most important findings, including: that the aspects of agreement between the sick person and the incapacitated person regarding fasting boil down to three main aspects; they differ in that the sick person remains obligated to make up the fast until it is fulfilled, whereas the incapacitated person is exempt from making it up – this is the core difference between them. As for the ruling that the fast is dropped for the incapacitated person in lieu of a fidya (expiation), this is a matter of disagreement among the jurists.