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Theory of Necessity Assignment

The theory of necessity in Islamic law, encapsulated by the maxim 'necessity renders the prohibited permissible,' allows exceptions to prohibitions in extreme situations to preserve life and well-being. It emphasizes that legal necessity can only be invoked under specific conditions, such as actual danger and lack of alternatives, ensuring that exceptions are limited and temporary. This doctrine reflects the adaptability of Islamic law to address real-life human needs while maintaining ethical boundaries.

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10 views4 pages

Theory of Necessity Assignment

The theory of necessity in Islamic law, encapsulated by the maxim 'necessity renders the prohibited permissible,' allows exceptions to prohibitions in extreme situations to preserve life and well-being. It emphasizes that legal necessity can only be invoked under specific conditions, such as actual danger and lack of alternatives, ensuring that exceptions are limited and temporary. This doctrine reflects the adaptability of Islamic law to address real-life human needs while maintaining ethical boundaries.

Uploaded by

Danial Shaheen
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Theory of Necessity in Islamic Law

Introduction
The theory of necessity in Islamic law, encapsulated by the maxim "‫الضرورات تبيح‬
‫ "المحظورات‬translates to "necessity renders the prohibited permissible." This legal
doctrine plays a crucial role in preserving life and ensuring the well-being of individuals
in extreme situations. The core idea is to allow exceptions to prohibitions when
adhering strictly to the law would lead to unbearable hardship, loss of life, or serious
harm. This flexibility reflects the compassionate and realistic approach of Islamic
jurisprudence (fiqh) in dealing with human needs under extraordinary circumstances.

What is Legal Necessity?


Legal necessity refers to circumstances in which adhering to standard Islamic
prohibitions could result in extreme hardship, especially loss of life or serious physical
harm. In such dire situations, the strict rules of Islamic law may be relaxed or suspended
temporarily. This principle emphasizes the adaptability of Islamic law in addressing real
life human needs.

A common example is the permissibility of consuming pork for a starving person. While
pork is normally haram (prohibited), it becomes temporarily permissible for someone
facing death due to starvation, provided no halal (permissible) alternative is available.
This ruling is supported by various verses of the Qur'an that prioritize life and necessity
over rigid legalism.

Qur'anic Evidence
One of the foundational verses for this principle is from Surah Al-Baqarah (2:173):
“Indeed, He has only forbidden you carrion, blood, the flesh of swine, and that which
has been dedicated to other than Allah. But if one is forced by necessity – neither
desiring it nor transgressing its limit – there is no sin upon him. Indeed, Allah is Forgiving
and Merciful.” This verse outlines the circumstances under which prohibitions may be
suspended.

It highlights three important conditions:

1. The person must be in a state of extreme necessity.


2. The person must not be violating the law intentionally or for pleasure.
3. The person must not exceed the limit necessary to remove the harm.

This approach ensures that exceptions are not exploited and remain within ethical
boundaries.

Sub-Maxim: ‫ما ُأبيح للضرورة ُيقَّدر بقدرها‬


This sub-maxim means "What is permitted out of necessity is limited to the extent of the
necessity." It functions as a check on the misuse of necessity. The principle is that any
exception granted should not exceed the bare minimum required to remove the
hardship.

For instance, if a few bites of prohibited food are enough to save a person’s life, they
should not consume an entire meal. This ensures that the temporary allowance does
not become a habitual or unjustified breach of Islamic law. Similarly, if a life-saving drug
contains a minute amount of alcohol and there is no alternative, its use is allowed only
to the extent needed to treat the illness.

Conditions for Applying the Maxim


Islamic jurists (fuqahāʾ) have outlined specific conditions under which the principle of
necessity can be invoked:

1. Existence of Actual Danger: The threat must be real and immediate, such as severe
hunger, illness, or threat to life.

2. Lack of Alternatives: There should be no lawful alternative available that can serve the
same purpose.
3. Intention Matters: The person invoking necessity must not be motivated by desire to
break the law or personal gain.

4. Limit to the Minimum: The action should be confined strictly to what is required to
avert the harm.

5. Temporary Nature: The exemption granted under necessity must end when the threat
is no longer present.

Illustrative Examples
1. Consumption of Pork: A person stranded without food may consume a small quantity
of pork to survive.

2. Use of Intoxicating Medication: If a medicine containing alcohol is the only effective


treatment, its use becomes permissible.

3. Speaking Falsehood Under Duress: If telling the truth would lead to torture or death,

a person may speak falsehood to protect life.

4. Breaking Fast in Ramadan: A sick person or a traveler may break their fast and
makeup the missed days later.

5. Handling Interest (Riba): In rare, extreme cases where refusing interest could lead to
collapse of basic livelihood, a temporary and controlled exception might be considered,
though this is highly controversial and discouraged unless unavoidable.

Significance in the Modern Context


The theory of necessity is especially relevant in the modern world, where complex
situations often require careful balancing of legal norms and human needs. Issues such
as medical emergencies, refugee crises, or economic hardships challenge the rigidity of
legal rulings. Islamic law’s incorporation of necessity allows for compassionate and just
responses, aligning with the core objectives of Shariah, including protection of life,
intellect, religion, property, and dignity. For example, during the COVID-19 pandemic,
numerous mosques were temporarily closed, and Friday congregational prayers were
suspended to prevent the spread of disease. These measures were justified under the
doctrine of necessity, reflecting the law’s adaptability to unprecedented circumstances.

Conclusion
The theory of necessity in Islamic law demonstrates the dynamic and humane nature of
Shariah. While Islam maintains a clear system of rules and prohibitions, it also
recognizes that life is filled with uncertainty and hardship. The maxim " ‫الضرورات تبيح‬
‫ "المحظورات‬underscores a core legal and ethical flexibility that ensures Islamic law
remains practical and responsive.

By setting strict conditions and enforcing moderation through sub-maxims, this doctrine
prevents abuse while safeguarding human life and dignity. In a world filled with crises
and moral dilemmas, this principle offers a vital framework for ethical decision-making
grounded in divine wisdom.

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