Abstract
Applying discretion permeates Islamic jurisprudence both in
general and specific matters, whether traditional or debatable, in
private and public interaction, under normal or emergent
conditions. For justice to be served, the rule is to enforce the
uncontested principle, in both traditional and debatable matters,
to all persons to which the principle applies. However, it might be
beyond the willingness or capacity of such persons to abide by
such implementation, especially in hitherto unfamiliar matters,
where such implementation, would lead said persons to voice out
utterances or undertake actions deemed unacceptable by the law.
It is at his point that allowance is made for discretion to be applied
for the purpose of alleviating the hardships emanating from
applying the uncontested principle. Acting under duress does not
exonerate the persons who so act, nor does it nullify the rights of
other parties, even though divergent views may be held regarding
this law.
Applying discretion is not construed here as and alternative to
the law, but rather as complementary to it.