THE STATE OF NECESSITY IN ISLAMIC LAW

(Halat Alddarurat Fi Alshryet Al'iislamia)

A paper written by the Sheikh in the year 1389 AH -1970 CE and published in the Journal of the College of Islamic Studies in its third issue in 1970 CE, after which it was printed in a separate booklet, and also published with a research group in a book under the name “Jurisprudence Research Group ”

The sheikh says about this research :

   It is one of the principles of Islamic law, which is cut off from its validity, to relieve people of embarrassment and the desire to make them easy  On this original indicated the Holy Quran and the Sunnah of the Prophet . From the Noble Qur’an the Almighty said: “And he did not make hardships upon you in religion. religion one only outplay Vsddoa and approached the tidings and seek help Baldoh and Rouha and something Aldljh) and Aisha friendly mother of  believers may Allah be  pleased with  her: what is the  best of the  Prophet   ﷺ between two things but Oasarhama chose not to  sin . If the sin was Obadahma of  it) and  in another interview to the  Prophet   ﷺ  came in  it : (I was sent by Hanifa Al Samha )

Islamic law has taken into account this principle - the lifting of embarrassment from the people - in all its legislations and provisions. Among the aspects of this care are :

First: The legal costs are neither large nor burdensome in terms of their nature. They have come to the extent necessary for a person's goodness and zakat for himself, within the limits of his ability and ability . This clarifies that the requirements of Sharia are of two types :

The first type: it   came as an imperative and obligatory, and this type includes a request to create an obligatory action, and this is an obligation, and a request to leave the act obligatory, and this is forbidden .

The second type: it   came in the form of preference and weight, not of necessity and obligation  . If finding the action is better and more likely, then it is the delegate, and if abandoning the action is better and more likely, then the act is abhorrent .

The Islamic Sharia has made the first type of its requirements the minimum for a person's goodness and zakat for himself, and every person can be able without embarrassment or fatigue in his normal conditions, because the least able and willing people are taken into account in it, and therefore it is not permissible for any sane adult person in normal circumstances to go below this limit Aden .

As for the second type, the Islamic Sharia has removed its compulsory character from it and contented itself with its request in the manner of preponderance and desirability. Based on this, the Sharia was content with this type of its requirements to entice people to him, urging them to him and delegating them to him, and opened the door to competition in it and promised them a great reward. This approach from the Sharia is clear evidence of the will to ease them and remove embarrassment from them .

Second: One of the aspects of Sharia’s sponsorship of the principle of relieving people’s embarrassment is its legislation of concessions, taking into account their excuses and lifting hardship on their behalf, and for this there are two types of rulings in Sharia, the provisions of resolve and the provisions of permission. Determination is what was initiated from the outset to be a general law for people in their usual conditions, and the license is what was legislated based on people's excuses and their emergency circumstances. Or it is, as Al-Shatibi says: (What was prescribed for a difficult excuse is an exception from a general principle requiring prohibition while restricting it to places of need in it). The licensing legislation indicates categorically the observance of the Sharia for this great principle - the lifting of embarrassment on the people - because as Shatibi says, if he intended hardship in assigning it, then it would not have been a license or a reduction  .

One of the manifestations of the original consideration is the lifting of embarrassment as well, that the Sharia forbids the obligated to intend to be tough and to summon hardship for himself, even though the work does not necessarily require that. This is evidenced by the authentic hadith in which it came: (While the Prophet is   preaching ,  if he is a standing man, then he asked about him, and they said, the father of Israel, he vowed to  rise  in the sun and not sit or sit down and not speak and fast, so the Prophet said ,  Let   him speak, let him sit, and let him complete his fast). In another hadith, a group of the Prophet’s   companions   met and discussed their good deeds, and one of them said, “I stand up at night and not sleep,” and the other said: As for me, I fast and do not break the fast, and the other said: As for me, I do not marry women. When the Messenger of God   reached   their article, he came to them and said: (You are the ones who said such-and-such as for God, I fear you for God and fear you for Him, but I fast and break the fast and pray and fall asleep and marry women. Whoever desires for my year is not from me  .)

The secret of the matter is that God Almighty did not make exhaustion of the soul and torture of the body a way to draw close to it or to obtain its reward, but rather commanded intent, moderation, and giving the body its right to care . And in the hadith: (Your body has a right to you) because the body is the compound of the soul, so if the boat is damaged, man is unable to do what God has assumed on him  .

We conclude from all of this that the hardship is not intended for the street, but that the provisions of the license are prescribed for it to pay it if it is an unusual hardship, and even the usual hardship in some of the costs is not intended for its own sake  .

Case of necessity, continue raising your embarrassment  :

And the state of necessity involves extreme hardship and extreme embarrassment, and then the Islamic Sharia has dealt with it in light of the principle of raising the embarrassment .

After this introduction, it is necessary to define the necessity, explain its ruling in general, enumerate its cases, and then follow that by explaining the provisions of each case and the particles that fall within it, all in six consecutive demands  :

The first requirement  :

In defining the necessity and explaining its judgment and cases  .

The second requirement  :

Having to eat what is forbidden, such as food and drink, including (drinking wine due to the necessity of thirst, the compulsive eating the flesh of a dead person, the dead and the food of others, compulsion in the travel of sin, the amount of what the compelled person eats of dead meat and the like, the supply of dead meat and the like, the idea behind the sin of the compelled who refrains from eating the dead And the like, hunger strike until death  ).

The third requirement  :

Having to go through the prohibited medicine and other things in the event of illness (and it includes discussion of the sayings of the jurists regarding the prohibition, permissibility or preference, with an indication of the preference  ).

Fourth requirement  :

And in it, having to destroy oneself or commit immorality  .

Fifth requirement  :

Having to take or destroy money and it includes (the sanctity of the money of others, the obligation to give money to the obliged, is it permissible to give the money without compensation, the amount of compensation, the taking of money forcibly if its owner refuses to give it, the conditions for taking the money by force even if by fighting, there is no punishment for taking someone else’s money for necessity, Throwing a cargo on a ship, forcing the destruction of money, destroying a person in a state to protect himself or himself  .

Sixth requirement

Having to say falsehood which includes (pronouncing the word of disbelief, uttering disbelief is a license not resolve and determination is better and justifying that, disrupting the preference of determination over permission, lying and permissibility of swearing to it for necessity, piety  )