Teorija načela nužnosti u šerijatskom pravu / The theory of necessity in sharia law
Journal Title: Zbornik radova Islamskog pedagoškog fakulteta u Zenici / Proceedings of the Islamic Pedagogical Faculty in Zenica - Year 2019, Vol 17, Issue 17
Abstract
The theory of necessity (ḍarūra) questions the relations between norm and person, condition and regulation, permissible and forbidden, useful and harmful, variable and immutable, important and irrelevant. It is a comprehensive theory, applicable in all fields of Islamic law. In the theory of necessity, reason forms a whole with the Text, logic with Revelation, and everlasting Sharia values with juridical flexibility. The theory of necessity is studied within the scientific field of Methodology of Islamic law and the jurisprudence of legal principles, while its importance lies in the fact that when standardized, regulations become part of the general Sharia legal norms.
Authors and Affiliations
Senad Ćeman
Keywords
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