19) Hanafi Fiqh Principles
The Ruling Regarding Choosing The Lighter Of The Two Evils (Akhafful Mufsadatain)
This rule is also logical. It is also a Shar`i ruling. When one is faced with two evils (destructive things), and the one of the two is more grave than the other, so in order to save oneself from the worse of the two, one opts for the lesser one. [Ifaadaat-e-Ashrafiya, page 33]
The Shar`i ruling is that in order to avoid a greater evil/harm, the one with the lesser evil/harm is opted for. It is also a ruling that a Deeni harm will not be realised in order to gain some benefit. [Imdaadul Fataawa, page 430, vol.3]
It is logical that when one is faced with two harmful options, where the one is greater than the other, then the lesser of the two will be chosen. An example will be as mentioned above where the father would rather punish his child instead of allowing him to fall into worse evil. [Kamaalaat Ashrafiya, page 115]
As it is said, “Whoever is faced with two evils, he will choose the lighter”.
In order to remove the worse of the evils, the lighter one will be opted for. To explain this I will cite an example – it was known regarding some villages that the Muslims there were becoming Aryans (Hindus). Many Ulama visited the place. I also went there and met a man who was on the verge of converting into a Hindu.
Upon enquiring it was realised that these people liked some custom of the Hindus. I gave them consent to make ta`ziyah (a Bid`ah custom). In reality I did not give them permission to carry out a bid`ah, I had in fact saved them from kufr. I chose for them the lesser of the two evils. On the one hand you have kufr and on the other bid`ah, which is the lesser one. Similarly, I once gave a lecture stating that bribery is a sin. If due to a weak disposition people may say that it is a necessity, then you may take, but always keep in mind that it is evil and have a concern about heating Halaal. [Hasnul Azeez, page 159, vol. 3]
The Combination Of Halaal And Haraam Is Haraam
This ruling of the Fuqahaa is well-accepted, and it is logical as well.
[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Thaanwi رحمه الله]
» Posted by Seifeddine-M on 17th January 2012
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