قاعدة الحاجة تنزل منزلة الضرورة الضوابط والتطبيقات

This research is part of the study of one of the most important rules of jurisprudence, which is (necessity descends the status of necessity, controls and applications) which are subdivided from the major rule (hardship brings facilitation) and since the jurisprudential rule is defined as the knowledge of a total or majority rule that applies to all its parts, and if a student of knowledge is able to know this ruling, it is easy. He has to know all the branches that fall under him, which leads to understanding the Sharia, controlling the jurisprudential issues, and linking them to its rules, so that no contradiction occurs, and he has the jurisprudential faculty that he promotes in consideration and diligence. And what is meant by need: is what is lacking in terms of expansion and raising the distress that often leads to embarrassment and hardship, and as for necessity: it is that a person reaches a limit if he does not eat the forbidden, perishes like the compelled to eat the dead for fear of starvation. The difference between need and necessity is the delusion of need, and if it is a state of effort and hardship, then it is without necessity and does not bring about its loss of perdition, for the need that relegates the status of necessity to Imam al-Juwayni is what results from its loss of harm, fear, or perdition, and the interests of the servants are not correct by losing it, so the concept of need and necessity has evolved from an era Al-Juwaini to the ages that follow, because the need has become a mere means of hardship without resulting in harm, even if the public need comes down to the status of a special necessity in the permissibility of the forbidden, as in the permissibility of looking at the fiancée if it does not hide the temptation due to the general need in marriage and this is for the continuity of marital life knowing that the morals are not equal Concerning appreciating beauty or not, knowing that the general need does not permit eating dead dead or eating the money of others, so this does not allow it except for necessity and appreciates its value, and among the applications of this rule is the permissibility of looking at a woman’s face when bearing testimony over her, as well as the authority of the Sultan for a woman who does not have a guardian and the permissibility of the exit of the woman If the woman in the aggressor fears that her money will be lost. And that there are rules set by the jurists to work with this rule, including: that it is not considered to be based on heroes, such as jihad with the rulers of injustice. The scholars said that it is permissible because jihad is necessary and the guardian is necessary, and justice in the governor is complementary to the necessity and complementary if he returns to the original with heroes is not considered so it is permissible to order jihad with the rulers of injustice . Among the controls of this rule is that the need is present, not expected, and that the existence of the need is a condition. For example, travel is considered one of the excuses that allow the traveler to shorten his prayers and break his fast during the day in Ramadan. Among the conditions of this rule is that the consideration of the necessity should not be contrary to the intention of the street, for example that the original purpose of the marriage is procreation and after it comes the request for housing and cooperation on worldly interests. As for the marriage of the woman in order to divorce the one who divorced her three times, this act is contrary to the objectives of the Sharia, it is not permissible.