PRIMJENA NAČELA NUŽNOSTI (DARURA) U ŠERIJATSKOPRAVNIM RJEŠENJIMA SEJFULAHA PROHE, ALIJA RIZE PROHIĆA I DŽEMALUDINA ČAUŠEVIĆA
APPLICATION OF PRINCIPLE OF NECESSITY (ḌARŪRA) IN SHARĪ‘AH LEGAL THOUGHTS OF SEJFULAH PROHO, ALI RIZA PROHIĆ, AND DŽEMALUDIN ČAUŠEVIĆ

Summary/Abstract: This study examines the contributions of prominent Bosnian scholars – Sejfulah Proho, Alija Riza Prohić, and Mehmed Džemaludin Čaušević – in understanding and applying the principle of necessity (ḍarūra) in Sharī‘ah legal matters at the turn of the 20th century. Operating in the complex socio-political context of Austro-Hungarian and Yugoslav rule, these scholars sought to reconcile classical legal sources with emerging social changes. Proho emphasized safeguarding property and faith through practical solutions; Prohić highlighted the limits of Sharī‘ah law flexibility, distinguishing between permanent and variable norms; and Ra’īs Čaušević stressed the necessity of education, enlightenment, and reform for survival of the Muslim community. The analysis shows that despite differing perspectives, their views shaped a distinctive local approach to Islamic jurisprudence – based on the preservation of faith and life, yet open to contextual adaptation.

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