THE THEORY OF NECESSITY IN SHARIA LAW Cover Image

TEORIJA NUŽNOSTI U ŠERIJATSKOM PRAVU
THE THEORY OF NECESSITY IN SHARIA LAW

Author(s): Senad Ćeman
Subject(s): Law, Constitution, Jurisprudence, Islam studies, Social Norms / Social Control
Published by: Islamski pedagoški fakultet Univerziteta u Zenici
Keywords: theory; necessity; Sharia; Islam; law; value and interest;

Summary/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.

  • Issue Year: 2019
  • Issue No: 17
  • Page Range: 307-323
  • Page Count: 17
  • Language: Bosnian
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