The Gradual Implementation of Legal Rulings
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The tenth question of Fatwa No. ( 19446 )
Q10: What is the difference between the gradual prohibition of intoxicants and the command to perform jihad, since we are required to follow the final prohibition regarding intoxicants, but are required to have the capacity for jihad?
A10: After the completion of the religion and the stabilization of the rulings of the Shari'ah with the death of the Prophet (peace and blessings be upon him), the rulings of Islam are taken in their entirety, and it is not permissible to proceed gradually in
obedience to them, as was the case in the early days of Islam. For example, it is obligatory for every Muslim to believe in the prohibition of drinking intoxicants from the outset, and whoever believes otherwise—while knowing its prohibition—is an apostate; because he denies what is known necessarily from the religion of Islam, by the evidences of the Shari'ah, and by the consensus of the scholars. As for the commands of the Shari'ah, the obligation to fulfill them in Islam is tied to the capacity of the one obligated, so it is not obligatory for the one obligated to perform any deeds that he is unable to do, or that cause him hardship and difficulty, and every issue is according to its circumstances. For example, the obligation of jihad on an individual, and its obligation in general circumstances, all of this is on different levels according to the causes and conditions, and it is not said that this is a matter of gradual legislation. And Allah the Exalted said:[At-Taghabun 64:16] And it is authentic from the Prophet (peace and blessings be upon him) that he said: Sahih Muslim 1337 . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q10: What is the difference between the gradual prohibition of intoxicants and the command to perform jihad, since we are required to follow the final prohibition regarding intoxicants, but are required to have the capacity for jihad?
A10: After the completion of the religion and the stabilization of the rulings of the Shari'ah with the death of the Prophet (peace and blessings be upon him), the rulings of Islam are taken in their entirety, and it is not permissible to proceed gradually in
obedience to them, as was the case in the early days of Islam. For example, it is obligatory for every Muslim to believe in the prohibition of drinking intoxicants from the outset, and whoever believes otherwise—while knowing its prohibition—is an apostate; because he denies what is known necessarily from the religion of Islam, by the evidences of the Shari'ah, and by the consensus of the scholars. As for the commands of the Shari'ah, the obligation to fulfill them in Islam is tied to the capacity of the one obligated, so it is not obligatory for the one obligated to perform any deeds that he is unable to do, or that cause him hardship and difficulty, and every issue is according to its circumstances. For example, the obligation of jihad on an individual, and its obligation in general circumstances, all of this is on different levels according to the causes and conditions, and it is not said that this is a matter of gradual legislation. And Allah the Exalted said:
So fear Allah as much as you are able
فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْSo when I command you to do anything, do it as much as it lies in your power and when I forbid you to do anything, then abandon it.
إذا أمرتكم بأمر فأتوا منه ما استطعتم، وإذا نهيتكم عن شيء فاجتنبوه
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.