DHARÛRAH - ضرورة

 

It is derived from ضرار darar, which is an injury that cannot be avoided. Literally, dharûrah means:

1-Dire need of something.

2- The state in which one is being forced to do something.

3- The intensity of an injury or harm.

As an Islamic term: Necessity. The absolute necessity which makes harams halal according to the rule اِنَّ الضَّرُورَاتِ تُبِيحُ الْمَحْظُورَاتِ “dharûrah makes permissible what is prohibited”.

A brief explanation of dharûrah:

Dharûrah defined by the great Mujtahids of Islam as follows:

The Imams of the Hanafi madhab said:

“The fear of an injury ( ضرار darar) to one's life or some of one's organs if one refrained from eating”

“It is a situation in which one reaches a limit that if one does not take a prohibited thing, one will die or be about to die.”

The Imams of the Mâliki madhab said:

“Necessity is preserving lives from being lost or from being greatly injured. Permitting necessity is the state in which one fears losing one's life if one abstained from eating.”

Conditions and constraints of the dharûrah which makes haram halal.

1-There must be a fear of losing life or a fear of severe injury to one's organs.

2-Preservation of property and other cases in which preserving life is not involved are not accepted as dharûrah.

3-The permissible degree or amount of the haram, one is allowed to commit to being just enough to get one out of the state of dharûrah.

4- There must be no other alternative in facing the state of dharûrah other than committing the haram.

5- The level of harm associated with the unlawful action must be less than that caused by the state of dharûrah.

6-The duration of the concession must be restricted to the duration of its cause.

7- The dharûrah must not only be anticipated or expected but actually existent.

For example:  Dharûrah permits eating the meat of a dead animal, pig and the like, in which case the one necessitated is exposed to perish from hunger.

It is permissible for a Muslim to utter the words of kufr when he is under a painful torturing that he cannot bear or he is under the threat of losing his life or severe injury to his organs.

Compulsion has been defined as pressurizing a person without the right to do something wrong to which he does not consent. Not every compulsion is a cause of dharûrah. Only complete compulsion namely the threat of killing and damaging a limb would cause necessity.