الضرورات تبيح المحظورات
23 August 2023 • 2.9K views
Necessities overrule Prohibitions
FIVE limitations which must be observed before applying the above maxim:
1⃣. Establish whether the ضرورة is one which is credible according to the Shari’ah
2⃣. Assess & weigh out the harms which may arise as a result of committing the Prohibition and the harms which may arise as a result of avoiding the Prohibition
3⃣. Is removing the ضرورة limited to committing this particular prohibition, i.e. Are there no other alternatives?
4⃣. Will committing this Prohibition actually remove the ضرر (harm)?
5⃣. الضرورة تقدر بقدرها
This is another maxim which limits the maxim we're discussing. It states:
Necessity must be assessed and dealt with proportionately.
I.e. The allowance to commit the Prohibition is limited to the confines of the ضرورة.