أثر فقد الأمن في أحكام الصيام: دراسة فقهية

Abstract

Abstract:

This study aims to clarify the concept of security and its importance in Islam, and to examine the impact of its loss on the rulings of fasting and i'tikaf (religious seclusion) through the following issues: breaking the fast when an enemy besieges a town and fasting weakens its people; breaking the fast for one afflicted by hunger that threatens his life; breaking the fast by one who alone sighted the crescent of Shawwal and does not feel safe if he does so openly; and the departure of the mu'takif from the mosque out of fear of an unjust ruler or of civil strife. It also compares the views of the jurists on these issues and identifies the preponderant opinion.
I followed the descriptive analytical methodology, comparing the four schools of Islamic jurisprudence, presenting their evidences, discussing them, and then weighing between their views.
The most notable findings of the study include:
• Security is a fundamental pillar for the establishment of religion and the preservation of the five necessities; its loss widens the scope of necessity and of reliance on legal concessions (rukhas), calls for concealing certain acts of worship, and justifies postponing certain rulings until security is restored.
• Residents besieged by an enemy may break the fast when fasting weakens them in defending themselves, provided that breaking the fast has an effect in repelling the enemy.
• Breaking the fast is obligatory for one exhausted by hunger or thirst who most likely fears death if he continues fasting, and he must make up the missed day.
• One who alone sighted the crescent of Shawwal does not break the fast openly, by consensus of the scholars; the preponderant view is that he breaks it secretly if he is certain of his sighting, and secrecy becomes more emphasized when security is lacking.
• The mu'takif's departure from the mosque out of fear of an unjust ruler or of civil strife does not invalidate his i'tikaf, and he resumes it once he is safe.
Keywords: Loss of Security, Fasting, Breaking the Fast, I'tikaf, Legal Concessions.