Rules of Conflict and Preference between the Original Demand and the Secondary Demand Related to Removing Hardship According to Imam Al-Shatibi: A Contemporary Applied Maqasidic Study

Abstract

Objectives: This study aims to focus on the issue of conflict and preference between the original demand
(al-iqtidāʾ al-aṣlī) and the secondary demand (al-iqtidāʾ al-tibʿī) as mentioned by Imam al-Shatibi in his book Al-Muwafaqāt, with an emphasis on the impact of the secondary demand in contemporary applications.

Methods: The study includes an explanation of the concept of the original demand, which is the general or fundamental legal ruling, and the secondary demand, which involves modifications or specifications imposed by certain circumstances. The research also addresses the rules of conflict and preference related to removing hardship (rafʿ al-ḥaraj), which may lead to prioritizing the secondary demand over the original to best achieve the objectives of Islamic law (maqāṣid al-sharīʿah). The study illustrates, through contemporary applications, how the secondary demand can sometimes be preferred over the original demand to serve public interest and justice.

Results: The study concluded that the secondary demand can be preferred over the original demand when they conflict, based on specific rules that help reach the most appropriate ruling in line with the objectives of Islamic law. These rules consider surrounding factors and new developments to ensure justice and public interest.

Conclusion: The study concluded that the secondary demand may be prioritized over the original demand when they conflict, based on rules that take into account public interest and justice.