Author: Dr Hussein Mutawi
The permitting of
harÂm (the unlawful) under necessity is meant to make life easy and less
oppressive for Muslims
That the necessity removes restriction is an
important juridical rule. It shows that the Islamic sharî'ah (law) is not
heedless of the exigencies of life, nor to human weakness and our ability to
face them; it allows the Muslim, under the compulsion of necessity to do things
which would otherwise be prohibited, in order to meet the necessity and save
himself from harm.
Necessity means harm. That is, when a person
undergoes an excessive situation that could hurt him or destroy his body, part
of his body, his mind, his family, his money or his religion.
The prohibited are the things that Allâh ordained
Muslims not to do, whether these things are disliked or forbidden. This
juridical rule is supported by a number of verses in the Qur'ân as well
as from the sunnah (the Prophetic guidance).