NAČELO NUŽNOSTI U TEORIJI I PRAKSI METODOLOGA ŠERIJATSKOG PRAVA
THE PRINCIPLE OF NECESSITY IN THE THEORY AND PRACTICE OF SHARIA LAW METHODOLOGISTS

Summary/Abstract: This paper analyzes the principle of necessity (ḍarūra) as an operative legal principle derived from the Text (the Qur’an and the Sunnah) and the maqāṣid, focusing on its conditions, limits, and controlled application in both classical and contemporary interpretations. Methodologically, the study combines source analysis with a comparison of the views of different legal schools (madhhabs), employing an inductive–deductive approach. Central to the discussion is the reading of key Qur’anic verses and hadiths addressing necessity, the distinction between need (ḥāga) and necessity (ḍarūra), and the operational framework of application: real danger – absence of a permissible alternative – minimal and temporary measures – and a return to the original ruling once the necessity ceases. The paper demonstrates how ḍarūra temporarily allows departure from a general norm in order to preserve protected values (life, honor, property, intellect, and faith), without abrogating explicit textual rulings. The contribution of the paper lies in clarifying the conditions and limitations (ḍawābiṭ) of application, as well as refining terminology and evidentiary thresholds in both classical and contemporary approaches.

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