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Author Topic: What type of "necessity" makes haram things permissible?  (Read 2834 times)
mabdullah
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« on: April 11, 2012, 01:21:29 PM »

بِسۡمِ ٱللهِ ٱلرَّحۡمَـٰنِ ٱلرَّحِيمِ


What type of "necessity" makes haram things permissible?



"Necessity has to do with harm that will affect his religious commitment, physical well-being, reason, honour or wealth – which are called the “five essentials” –

and not just hardship that can be put up with, rather it should be a case of necessity that may cause him to die or lose one of his limbs or physical faculties or be imprisoned for a long time or develop a chronic illness.


Abu ‘Abd-Allaah al-Zarkashi (may Allaah have mercy on him) said:

Necessity means that if he does not consume the forbidden thing he will die or nearly die, such as one who is forced to eat or wear clothes in a case where if he remains hungry or naked he will die, or lose a limb or physical faculty. This is what makes consuming the haraam thing permissible.

Need refers to a hungry person who, if he does not find something to eat, will not die, but he will suffer hardship. This does not make the haraam thing permissible.

Al-Manthoor fi’l-Qawaa’id (2/319).



In Nazariyyat al-Daroorah al-Shar’iyyah (p. 67, 68) it says:

Necessity is that which places a person in danger or severe hardship such that he fears that he may lose his life or be harmed with regard to his physical well being, honour, mental well being, wealth and the like.

In that case it becomes permissible for him to commit a haraam deed, or to refrain from or delay an obligatory deed so as to ward off harm that he thinks most likely to befall him, within the limits of sharee’ah." End quote.





Source: Islam QA



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