Some examples of this principle are:

• We know that the body of a deceased person requires to be washed three times. The first washing is with liquid from Lote leaves soaked in water, the second with diluted camphor water and the third with pure water. If Lote leaves or camphor are not available, the three washes clearly must be done with pure water. In other words, the absence of Lote leaves or camphor does not absolve one from the need to wash a body three times.

• Some shari’ah penalties stipulate that a slave must be freed. The fact that this is no longer an available option does not absolve one from fulfilment of this penalty via a substitute penalty of equivalent worth. A jurist will specify a comparable sum to be spent upon the poor and needy.

• Some shari’ah penalties to expiate sin stipulate fasts of 60 days' duration - with a minimum of 31 such days being consecutive. If for reasons of health this is not possible, the fast has to be performed in whatever manner is considered to be possible.

The Meaning Of This Principle

It is apparent from the above that when shari’ah requirements comprise several aspects, some of which cannot be met, people are not absolved from the obligation to fulfil the aspects that can be met.

The Basis Of This Principle

From The Qur’an

Some jurists attempt to endorse this principle through the following ayah:

"Therein are clear signs, the standing place of Abraham, and whoever enters it is secure; and pilgrimage to the House is a duty upon mankind for Allah, who can afford the journey to it; and anyone who disbelieves, then verily Allah is Self-sufficiently independent of the worlds." (Surah ‘Ali-Imran, 3:97).

We know that pilgrimage consists of various acts including the stay in ‘Arafat from noon till sunset on the ninth of Dhul Hijjah, the stay at Muzdalifah, the sacrificial offering, and the 'stoning' of the Jamarat in Mina. If, for whatever reason, it is not possible to stone the Jamarat no one may conclude that their whole pilgrimage is ruined - because Muslims are only obliged to correctly fulfil as many aspects of pilgrimage as they are able. This principle also applies to those who cannot circumambulate the Ka’bah on foot and need to use a wheelchair or to be carried.

From Ahadith

• The Prophet (S) said in his Hajj speech, 'O people, Allah has made pilgrimage incumbent upon you - so fulfil it.'

When a person asked if it was to be repeated every year, he (S) remained silent. Only when the question had been repeated for the third time did he (S) say, 'Had I answered "yes", it would have become incumbent upon you even if you were not able to fulfil it.' He then said that the interminable questioning of prophets had placed onerous obligations upon previous nations.

He (S) continued, 'When I instruct you to do something, fulfil as much as you are able, and when I forbid you to do something, refrain from it.'1

It is apparent from the above that the Prophet (S) took into consideration the limitations and abilities of the Muslim community to fulfil their religious obligations and duties. He clearly intended to establish that, in circumstances in which they were unable to complete a duty, they still needed to strive to fulfil those parts of it that they could.

• Imam ‘Ali (‘a) said, 'That which you are unable to fulfil does not absolve you from the fulfilment of the whole obligation.'2

• Imam ‘Ali (‘a) said, 'Even if you know you will not be able to complete something, do whatever part of it that you are able to.'3

In accordance with this hadith, even if one lacks the means to cover the complete cost of medical treatment for someone who is desperately ill, one should nevertheless contribute as much as one can. Similarly, if a person is not able to stand for the whole prayer, he/she should stand for the part they are able to stand for, and sit for the rest.

Although this principle applies to obligatory acts, it can be extended to voluntary acts. For example, if one is not able to perform all of the 11 rak’at of the midnight prayer, one should still complete as many as one is able to.

• 1. Sahih Muslim Vol. 2, p. 975 Tradition 1337 and Sunan al-Nisa'i Vol. 5, p. 110.
• 2. Al-Qawa’id al-Fiqhiyah Vol. 4 p. 136.
• 3. Al-Qawa’id al-Fiqhiyah Vol. 4, p. 136.