The relatonship of the need and the necessity in the context of the rule of fqh that the need ıs lowered the degree of necessity
İHTİYAÇ-ZARURET BAĞLAMINDA “HÂCET UMUMÎ OLSUN HUSÛSÎ OLSUN ZARURET MENZİLESİNE TENZÎL OLUNUR” FIKIH KURALININ FIKHİ HÜKÜMLERE ETKİSİ

Author : -Ercan ESER
Number of pages : 102-123

Abstract

On one hand, the rule that needs whether to be general or special are deducted to the degree of necessity makes dıfcultes easy and unlawful things lawful, on the other hand, this juristc rule when interpreted correctly, may open the door of permission to forbidden provisions and ban on permissible provisions. Many scholars, today, admited the needs as the necessity and accept the prohibitons as legitmate in religious maters and also some scholars make conditons to the needs as the necessity. In this regard, it is great important to explain dıfferences on this subject and the general provisions of this juristc rule which makes facing difcultes inevitable. This artcle aims to come to light general frame of the needs, regarding on this subject, and necessity, briefly to evaluate the general provisions

Keywords

The necessites, the needs, dıfculty, facility, unlawful, injunctons, legitmate objects.

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