Necessity in Islamic law
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Authors
Al-Mutairi, Mansour Z.
Abstract
This study aims at exploring thewidely applied principle of necessity
( darnrah ) in Islamic law. Its main focus is to examine the legal definition
and limitations of necessity.
It has been divided into five chapters, an introduction and a conclusion.
In the first chapter, special attention has been given to the definition of
necessity in Islamic classical and modern jurisprudence.
Since the maxims of necessity are an essential element of this topic, these
have been explored in the second chapter.
The causes of the state of necessity are dealt with in the third chapter. In
this regard, compulsion, legitimate defence, illness, change in circumstances
have been discussed insofar as they related to necessity.
To give an accurate idea of the limitation of this principle, the conditions
of necessity are the main concern of the fourth chapter.
In the fifth chapter, the discussion is concerned with the relation between
necessity and other Islamic legal concepts particularly those concepts which
are regarded as sources of law. The link between public interest (maslahah
mursalah, blocking the means (sadd al-dharä'i'), istihsan and concession
(rukhsah), and necessity on the other hand was found to be strong.
The conclusion, finally, summarizes the discussion previously made and
presents the findings of this study.
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