قاعدة الحاجة تنزل منزلة الضرورة وتطبيقاتها على الأقليات المسلمة

Abstract

This research aims to clarify the meaning, conditions and evidence of the rule "Need is reduced to the status of necessity" and to find out how scholars deal with this rule. The problem of the research is to work with the venerable jurisprudential rule "Need descends to the status of necessity" is a matter of disagreement between the jurists, and Muslims all over the world face situations of embarrassment and distress, so the research tries to clarify the meaning of the rule by extrapolating the books of jurisprudence and fundamentalism and then by analyzing the emerging jurisprudential issues, the approach followed by the researcher to reach the desired goals behind These lines, the inductive approach in jurisprudence, fundamentalism and grammar books in general, and the magazines of the jurisprudence academies in Europe in particular The results, the most important of which is that the most accurate and precise definition of need is Al-Shatibi’s definition that “it lacks it in terms of expansion and lifting the distress that often leads to embarrassment and hardship subsequent to missing what is required. Public interests, which are applicable in acts of worship, customs, transactions, and crimes” since he defined them in terms of their essence, not by linking them to necessities and complements. The need is divided into two parts, general and specific, and each of them has a consideration in the Sharia. There are seven conditions for the search rule that must be met for its implementation They are: that its consideration of the principle does not return to invalidity that the need is present and not expected that the adoption of the need does not contradict the intent of the Lawgiver that the need is assessed according to its measure that the need is not usual that the need is specific that the need does not contradict a legal text Need and necessity share a number of rulings, so both of them include Hardship that affects the change of rulings and is estimated according to its value. What is forbidden in itself is permissible when necessary, and what is forbidden for others is permissible when needed.

Keywords: Need, necessity, calamities, jurisprudence rules, fatwa, purposes of Sharia