Legal Effects of Need and Necessity in Commandments of Shari’ah: Study of Causes and Factors
Keywords:Need, Necessity, Commandments, Religious Obligations, Shari’ah objectives
Islam is the religion of mercy, compassion, convenience, and laxity. Allah does not burden a person beyond his capacity. Ease is the basis of all the commandments of Shari’ah, which is enforced through many instances in the Quran and Sunnah. Hence scholars consider Need and Necessity as formula and secondary sources of Fiqh to save people from travail, difficulty, and trouble. Effects of The Need and The Necessity on the commandments of Shari’ah occupy a wide range. Even some of the commandments relating to faith and prayers also affect the commandments of Shari’ah and become a cause of its modifications. There is no doubt that the Need and the Necessity cannot be included in the basics for commandments of Shari’ah. Although its effectiveness in all versions of fiqh is positively proven. And the evidence of disintegration is present in the ancient and modern problems of fiqh. However the difference lies in textual scripts and their validity, so the concept of the Need and the Necessity is proved by Shariah commandments as exceptional in this condition. Whereas non-textual scripts prove their validity in the commandments of Shariah. The Holy Quran and the Holy Sunnah are evident of their basic principles, however, various religious scholars have described several effects of the Need and the Necessity, on the commandments of Shari’ah.
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