Legal Basis of the Maxim “Necessity Renders Prohibited Things Lawful” and Scope of Its Applications
This work intends to review the legal basis of the maxim “al-Ḍarūrātu tubīḥ almaḥẓūrāt” (Necessity renders prohibited things lawful) and the scope of its
applications. The work started by defining the concept of maxim and its classification.
The maxim, al-Ḍarūrātu tubīḥ al-maḥẓūrāt (Necessity renders prohibited things lawful)
is introduced as well as its meaning and legal basis. Conditions required for the
application of the maxim was also presented with necessary examples. These conditions
will safeguard against any abuse in the application of the maxim. Using inductive,
doctrinal and hermeneutical methodologies, the authors have attempted to review
several applications of the maxim in both classical and contemporary matters. The
finding of the works is that it is not objective of Islam to create difficulty to its followers
and that in cases of necessity things that are otherwise prohibited can be legalised. The
research concluded by recommended that in fatwas, implications of the maxim along
with its conditions should be taken into cognizance in order to not to create difficulty
to Muslims nor fall into the slippery slope of extending the maxim beyond its legal
scope of applications.
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