O ye who believe! Eat of the good things that We have provided for you, and be grateful to Allah, if it is Him ye worship. He hath only forbidden you dead meat, and blood, and the flesh of swine, and that on which any other name hath been invoked besides that of Allah. But if one is forced by necessity, without wilful disobedience, nor transgressing due limits,- then is he guiltless. For Allah is Oft-forgiving Most Merciful. Surat Al-Baqara [verse 172 -173] Necessity Dictates Exceptions While Islam has narrowed the range of what is prohibited, it is, at the same time, very strict in seeing that its prohibitions are observed. Accordingly, it has blocked the ways, apparent or hidden, leading to what is prohibited. Thus, what is conducive to the haram is itself haram, what assists in committing the haram is haram, any rationalization for engaging in the haram is haram, and so on, to the last of the principles which we have elucidated. At the same time, Islam is not oblivious to the exigencies(urgent need) of life, to their magnitude, nor to human weakness and capacity to face them. It permits the Muslim, under the compulsion of necessity to eat a prohibited food in quantities sufficient to remove the necessity and save himself from death. In this context, after listing the prohibited foods in the form of dead animals, blood, and pork, Allah Taala says: ...But if one is compelled by necessity, neither craving (it) nor transgressing, there is no sin on him; indeed, Allah is Forgiving, Merciful. (2:173) And this is repeated at four places in the Quran after each mention of the prohibited foods. On the basis of these and similar verse of the Quran, Islamic jurists formulated an important principle, namely, that necessity removes restrictions. However, it is to be noted that the individual experiencing the necessity is permitted to eat the haram food with the stipulation that he is neither craving it nor transgressing. This is interpreted to mean that he should not desire to relish it nor transgress by eating more than the bare amount needed to satisfy his hunger. From this stipulation, jurists have derived another principle, that The quantity permitted is determined by the (magnitude) of the necessity. Here the underlying idea is that, even though compelled by necessity, a person need not surrender to it or embrace it with eagerness; rather he must live with what is essentially halal and seek a way to return to it so that he may not become accustomed to the haram or begin enjoying it under the pretext of necessity. In permitting the use of the haram under necessity, Islam is true to its spirit and general principles. This spirit, which we find permeating its laws, is to make life easy and less oppressive for human beings. True is the saying of Allah, the Almighty: ...Allah desires ease for you, and He does not desire hardship for you.... (2:185) ...It is not Allahs desire to place a burden upon you, but He desires to purify you and to perfect His favor on you in order that you may be thankful. (5:6) Allah desires to lighten your burden, for man was created weak. (4:28) Souce: The Lawful and Prohibited in Islam by Yusuf al-Qaradawi
Posted on: Sat, 08 Mar 2014 12:20:58 +0000
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