Tuesday, 26 May 2026 (10 Dhuʻl-Hijjah 1447 AH)
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[Do Legal Obligations Differ According to People’s Dispositions?]

Question: Do legal obligations differ from one person to another due to differences in people’s dispositions or other factors?

Answer: There are causes that serve as reasons for differences in some legal rulings from one person to another, among them:
1- The sick person and the traveler differ in their rulings from the healthy resident, such as shortening the prayer and the permissibility of breaking the fast during the day of Ramaḍān. Likewise are the nursing woman and the pregnant woman if they fear for the infant or the pregnancy—regarding the permissibility of breaking the fast, but not shortening the prayer.
2- A woman differs from a man in many legal rulings: Friday prayer is not obligatory upon a woman, nor is jihād; it is not permissible for a woman to undertake the marriage contract, nor any general authority such as leadership or judiciary, and the like. There is no adhān or iqāmah upon a woman, and she is required to conceal her adornments and her voice, unlike a man, and so on.
3- The obligation of the scholar differs from that of the ignorant person in some duties. Judging between people is among the obligations of scholars, not the ignorant; likewise issuing legal verdicts (fatwā), calling to Allah, conveying His rulings, clarifying the truth, refuting doubts, and teaching knowledge and religion. The ignorant person may be excused in many legal rulings in which the scholar is not excused.
As for human dispositions, they are not, in general, a cause for differences in legal obligation. Likewise, if human dispositions are not a cause for differences in legal obligation, then differences of times are also not a cause for that—and this too is in general terms.

Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.3