Length of a fast - summary of article about to be published by Shaykh Arif

Below is my summary of an article that is about to be published by Shaykh Arif related to the length of the fast. If there are any errors in understanding, they are mine!
The traditional fiqh system operates in a very specific and formal way, trying to understand the word of Allah literally in the first instance i.e. dawn and "layl" (sunset/night) are essential limits of a fast.

Shaykh Arif argues that the ethos of the Shari'a is conveyed by the Qur'an where the laws are value-based ("to attain taqwa" - 2:183) and bearable (“Allah intends for you ease and does not intend for you hardship” - 2:185). 

In such a case, he considers the traditionalist understanding of the dawn-"layl" limit as being literal to be arbitrary, and possibly in conflict with the ethos of value and ease, when not within the Middle Eastern context.

As opposed to this, he states that within what he terms an existentialist framework, where there is a distinction of form and essence, we can arrive at a more appropriate understanding of the regulations. This would mean that the essence of regulations were given a form dependent on the context when they were revealed i.e. the form is not principally of value.

He argues that the judicial precepts and jurisprudential principles that the traditional camp employs to nullify duty at hardship (e.g. the "la haraj" principle) are actually "meta-legal principles" that govern the formulation of the regulations in any given context i.e. these are treated as exceptions at the secondary stage of deriving a law, rather than affecting the primary law itself.

Therefore, contrary to the traditional view of "all or nothing" (i.e. either you fast the entirety of the fast, or it does not count), he states that values can be attained from a more appropriate approach depending on the situation; and also that the length of the fast should be determined by the community at large, given it affects the majority.

The consequence of the traditional view for people living in countries such as the UK, is either to fast lengthy fasts, travel to a place with shorter days or travel less than ten days to avoid obligation of fast. Shaykh Arif argues that precepts of lack of hardship and the precept of feasibility are the governing principles in the new formulation of the regulation.

After this, he discusses the nature of fasting from the texts of the Qur’an and hadith as being bearable hardship in avoiding consumption and sexual intercourse flatly for healthy individuals within a determined timescale. 

As for chronic sufferers, the fast is general abstention from consumption (i.e. you can eat / drink / have an injection in as far as it is necessary) and absolute abstention from sexual consort within a fixed timeframe. 

As for the non-chronic sufferers, they should not fast. 

What this means is that sunrise and sunset are mere forms and as such are arbitrary. The reason for the Qur’an to state dawn and night limits is due to its pragmatic nature and the day and time of Makka being appropriate for that context. 

Accordingly extremely long and short fasts are not fasts since the first is inconsistent with bearable hardship and possibly harmful whilst the second is without value. 

In terms of determining the meaning of night and day, he contends that they are in the capacity of functional day and night as described by the Qur’an e.g. “And we have made the day for livelihood” (78:11) and “It is out of His Mercy that He has put for you night and day, that you may rest therein (i.e. during the night) and that you may seek of His Bounty (i.e. during the day), and in order that you may be grateful.” (28:73).

Based on this he concludes that the maximum length of a fast has to be capped at 16 to 17 hours maximum whilst the shortest fast should be extended to a minimum of 11 to 12 hours.