Necessity in Islamic Law

Abstract

The necessity that permits what is forbidden is not merely a worldly need or desire, but rather a state in which a person fears death, severe harm, serious illness, or inability to fulfill their obligations.

In Islamic law, necessities are not personal whims or worldly desires, but rather have established rules and limits defined by scholars in light of the Quran and Sunnah.

The fundamental principle regarding every obligation is that it must be fulfilled; it is never permissible to neglect it. Similarly, the fundamental principle regarding every prohibition is that it must be avoided; it is never permissible to commit it. This is the general rule. However, a person may encounter circumstances that prevent them from fulfilling an obligation or force them to commit a prohibited act. In such cases, it becomes permissible. Some obligations may be impossible for them to fulfill, and some prohibited acts may be permissible due to necessity. This is because Islamic legal evidence indicates that obligations are waived in cases of inability. Furthermore, one of the conditions for an obligation is that it be within one's capacity. If a person is incapable of fulfilling an obligation, it is not obligatory for them. If they are incapable of fulfilling some obligations but not others, only those they are incapable of are waived, not those they are capable of. Islamic legal evidence also indicates that a prohibited act is forbidden in the absence of necessity. However, if one is compelled to commit a prohibited act, they may do so to the extent necessary to alleviate the necessity. Once the necessity is alleviated, the ruling reverts to its original state, in accordance with the principle that "necessity is measured by its extent." Keywords: Necessity – Sharia – Islam.