An Analysis of the Principle of Necessity: "Al-Ḍarūrāt Tubīḥ al-Maḥẓūrāt" (With Emphasis on the Imami Thought)
Keywords:
emergency, forbidden, loss, necessity, obligatoryAbstract
Emergency is the need and inevitability of something. The state of emergency is an independent legal institution that, from the perspective of the Islamic legal system, there is no obstacle to its implementation and it is accepted in principle. The Holy Quran has explicitly removed the obligation from the person in need, provided that he is not oppressive, transgressive, or inclined to sin. The purpose of this research is to examine and understand the concept of the rule of emergency and its application in Islamic jurisprudence. The question raised in this research is what is the concept of the rule of urgency and what is its application in Islamic jurisprudence? It is assumed that the rule of emergency means that in situations where a person is in a situation due to compulsion, danger, or difficult circumstances, some prohibitions are permitted for him. And its goal is to protect the life, religion, intellect, lineage, and property of individuals in emergency situations. This research was conducted using library tools and a descriptive-analytical method. The findings of the study show that whenever a person finds himself in a situation of pressure and distress where he is forced to commit a crime in order to protect his rights or property at the risk of himself or others, without being forced by another to commit a forbidden act, he is considered to be in dire straits. The applications of this rule include the permissibility of some forbidden acts in emergency situations: such as eating forbidden food to save one’s life in extreme hunger. The removal of responsibility for some duties: such as the non-obligation of fasting or prayer in circumstances where it is not possible to perform them.
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