Where a specific Fatwā is delivered tolerating an otherwise problematic practise, can an individual avail himself to this if he does not fit those specific requirements?

Q: Where a Fatwā is delivered tolerating an otherwise problematic practise, can an individual avail himself to this if he does not need to?

 I’m told that using cheques to cash money in accounts can be understood to become tolerated due to the need, as is also the case with car insurance. As far as I am aware both of these are harām. My question is why we relax these rules given that it surely must be possible for someone to try their best to do most of their dealings in cash directly to avoid using cheques, and similarly to just use public transport rather than drive. What is the degree of difficulty that is considered given these are options which are available?

 

الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب

A: Firstly, all accounts that provide a cheque facility are not necessarily Sharīˋah repugnant.

Secondly, where Sharīˋah principles are broken the ruling of availing of such service very much depends on the needs of the individual involved and the severity of the issue at hand.  If the individual is able to lead a relatively normal life without undue difficulty then such individual should not adopt what is otherwise prohibited.  This is very much a personal and subjective decision which the individual involved is best positioned to make.

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