Assalamu Alaykom Wa Rahmatu Allah
Third: Saying that necessity in the literature of Fiqh means "what entails harm
on the person when he abandons it provided other alternatives cannot replace
it" is very plausible and supported by evidence as detailed previously. It is
more appropriate and closer to the objectives of the Sharee‘ah and alleviation
of hardship from people. An example for this in our time is that when water or
electricity is cut from the Muslim house and he does not find any way to have
it supplied again except by borrowing in interest, he will be permitted to
borrow although outage of electricity or water supply does not certainly or
probably lead to death. Had it been required that necessity had to be
established, i.e. the man would suffer death or probably die if he did not
borrow, it would not have been permissible for him to borrow in interest. No
scholar can held this stance.
Fourth: Necessities change from a place to place and from time to time.
Electricity has become one of the necessaries of life whereas it was not as
such in the past. Similarly, obtaining a university degree has become necessary
to verify the education a student has received, and one in most cases could not
continue his study or get a job without a degree. In the recent year, internet
service has become indispensable for almost all people in the developed
countries and so on.
Change and estimation of necessities in this manner have been approved by the
Fiqh Academies. For instance, Al-Azhar's Islamic Research Academy released a
statement in 1385 A.H., 1956 A.D., about the issue of Riba interests. It reads:
"Lending in interest is prohibited, and neither need nor necessity makes it
lawful. Also, borrowing in interest is prohibited and its sin is not removed
except under necessity. In this regard, every person will be religiously
accountable to determine his necessity."
Contemporary scholars adopt the same stance in fatwa. Dr. Wahbah Az-Zuhayli
(may Allah preserve him) explained the condition of the necessity which turns
the prohibition lawful, saying: "Under the public necessity, the Muslim
governor has to ascertain the presence of unbearable oppression, obvious harm,
severe hardship, or public interest in a way that might expose the state to
danger should it not work according to what necessity requires. On this basis,
some Muslim jurists tolerated matters of the foreign affairs of the country or
the international trade, and hence they permitted the state to deal with
foreign countries and pay annual taxes to fend off the enemies' danger or
maintaining stability of the state. Some jurists also permitted paying Riba
interests for foreign loans that the public interest of the state direly needs."
Dr.Main Al-Qudah
Assistant Professor of Islamic Studies
Imam, MAS Katy Center
Member, AMJA Fatwa Committee
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سياسة النشر في المجموعة:
ترك ما عارض أهل السنة والجماعة... الاكتفاء بأمور ذات علاقة بالاقتصاد الإسلامي
وعلومه ولو بالشيء البسيط، ويستثنى من هذا مايتعلق بالشأن العام على مستوى الأمة
كحدث غزة مثلا... عدم ذكر ما يتعلق بشخص طبيعي أو اعتباري بعينه باستثناء الأمر
العام الذي يهم عامة المسلمين... تمرير بعض الأشياء الخفيفة المسلية ضمن قواعد
الأدب وخاصة منها التي تأتي من أعضاء لا يشاركون عادة، والقصد من ذلك تشجيعهم على
التفاعل الإيجابي... ترك المديح الشخصي...إن كل المقالات والآراء المنشورة تُعبر
عن رأي أصحابها، ولا تعبّر عن رأي إدارة المجموعة بالضرورة.
