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Title: Necessity in Islamic law
Author: Al-Mutairi, M. Z.
ISNI:       0000 0004 2682 2440
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 1995
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This study aims at exploring thewidely applied principle of necessity ( darnrah ) in Islamic law. Its main focus is to examine the legal definition and limitations of necessity. It has been divided into five chapters, an introduction and a conclusion. In the first chapter, special attention has been given to the definition of necessity in Islamic classical and modern jurisprudence. Since the maxims of necessity are an essential element of this topic, these have been explored in the second chapter. The causes of the state of necessity are dealt with in the third chapter. In this regard, compulsion, legitimate defence, illness, change in circumstances have been discussed insofar as they related to necessity. To give an accurate idea of the limitation of this principle, the conditions of necessity are the main concern of the fourth chapter. In the fifth chapter, the discussion is concerned with the relation between necessity and other Islamic legal concepts particularly those concepts which are regarded as sources of law. The link between public interest ( aslmah ah iursalah , blocking the means ( sadd al-dharä'i') , istihsdn and concession ( Iknh sah ), and necessityo n the other hand was found to be strong. The conclusion, finally, summarizes the discussion previously made and presents the findings of this study
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available