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The law of necessity in Islam

Ghassan Abdelfattah

 

I hear you very well !

 

Ijthad ? There is no need for such a thing.

And I will explain:

Because Allah is: 

The Most Merciful, the Most Beneficent

And because of Who He is:

002.286/ Allah does not charge a soul except [with that within] its capacity.

 

We have two (2) rules in Islam

One is (general) under normal conditions (unlawful to everyone)

The second is (limited) under necessity (unlawful but a person is exempted from sin/penalty because he or she is suffering unbearable condition) that’s why the verses of necessity ended with (Allah is Forgiving and Merciful.)

 

Example:

 

In Al-Madinah:

2. Al-Baqarah

002.172/O you who have believed, eat from the good things which We have provided for you and be grateful to Allah if it is [indeed] Him that you worship.

002.173/He (Allah) has only forbidden to you dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah. But whoever is forced [by necessity], neither desiring [it] nor transgressing [its limit], there is no sin upon him. Indeed, Allah is Forgiving and Merciful.

002.174/Indeed, they who conceal what Allah has sent down of the Book and exchange it for a small price – those consume not into their bellies except the Fire. And Allah will not speak to them on the Day of Resurrection, nor will He purify them. And they will have a painful punishment.
002.175/Those are the ones who have exchanged guidance for error and forgiveness for punishment. How patient they are in pursuit of the Fire!

 

In Al-Madinah

5. Al-Ma'idah /Last long surah that was revealed and never abrogated

005.003/ Prohibited to you are dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah, and [those animals] killed by strangling or by a violent blow or by a head-long fall or by the goring of horns, and those from which a wild animal has eaten, except what you [are able to] slaughter [before its death], and those which are sacrificed on stone altars, and [prohibited is] that you seek decision through divining arrows. That is grave disobedience. This day those who disbelieve have despaired of [defeating] your religion; so fear them not, but fear Me. This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion. But whoever is forced by severe hunger with no inclination to sin – then indeed, Allah is Forgiving and Merciful.

 

In Al-Madinah/

24. An-Nur/

024.033/ But let them who find not [the means for] marriage abstain [from sexual relations] until Allah enriches them from His bounty. And those who seek a contract [for eventual emancipation] from among whom your right hands possess – then make a contract with them if you know there is within them goodness and give them from the wealth of Allah which He has given you. And do not compel your slave girls to prostitution, if they desire chastity (which means: you are not allowed to compel anyone especially chaste woman  ), to seek [thereby] the temporary interests of worldly life. And if someone should compel them, then indeed, Allah is [to them/to the girls not to those who compelled them], after their compulsion, Forgiving and Merciful.

 

In Makkah:

6. Al-An'am/

006.145/Say, "I do not find within that which was revealed to me [anything] forbidden to one who would eat it unless it be a dead animal or blood spilled out or the flesh of swine – for indeed, it is impure – or it be [that slaughtered in] disobedience, dedicated to other than Allah. But whoever is forced [by necessity], neither desiring [it] nor transgressing [its limit], then indeed, your Lord is Forgiving and Merciful."

 

In Makkah:

16. An-Nahl/

016.106/ Whoever disbelieves in Allah after his belief… except for one who is forced [to renounce his religion] while his heart is secure in faith. But those who [willingly] open their breasts to disbelief, upon them is wrath from Allah, and for them is a great punishment;

016.107/That is because they preferred the worldly life over the Hereafter and that Allah does not guide the disbelieving people.

 

In Makkah:

16. An-Nahl/

016.114/Then eat of what Allah has provided for you [which is] lawful and good. And be grateful for the favor of Allah, if it is [indeed] Him that you worship.

016.115/He has only forbidden to you dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah. But whoever is forced [by necessity], neither desiring [it] nor transgressing [its limit] – then indeed, Allah is Forgiving and Merciful.

016.116/And do not say about what your tongues assert of untruth, "This is lawful and this is unlawful," to invent falsehood about Allah. Indeed, those who invent falsehood about Allah will not succeed.

016.117 / [It is but] a brief enjoyment, and they will have a painful punishment.

 

 

 

Each person is the judge of his/her circumstance 

The law of necessity can’t be generalized no one is allowed tell the other your condition is a necessity because different people are of different levels of endurance 

 

Take a listen to the following example

In Makkah:

16. An-Nahl/

016.106/ Whoever disbelieves in Allah after his belief… except for one who is forced [to renounce his religion] while his heart is secure in faith. But those who [willingly] open their breasts to disbelief, upon them is wrath from Allah, and for them is a great punishment;

016.107/That is because they preferred the worldly life over the Hereafter and that Allah does not guide the disbelieving people.

 

Sunan Ibn Majah » The Book of the Sunnah - »It was narrated that 'Abdullah bin Mas'ud said: "The first people to declare their Islam publicly were seven: The Messenger of Allah, Abu Bakr, 'Ammar and his mother Sumayyah, Suhaib, Bilal and Miqdad. With regard to the Messenger of Allah, Allah protected him through his paternal uncle Abu Talib. With regard to Abu Bakr, Allah protected him through his people. As for the rest, the idolators seized them and made them wear iron armors and exposed them to the intense heat of the sun. There was none of them who did not do what they wanted them to do, except for Bilal. He did not care what happened to him for the sake of Allah, and his people did not care what happened to him. Then they gave him to the children who took him around in the streets of Makkah while he was saying, 'Ahad, Ahad (One, One).'" Grade: Authentic /Hasan/Al-Albani/ Al-Wadyai/ Vol. 1, Book 1, Hadith 150

Musanaf ibn Abu Shayba and Hilyat Al-Alwayaa’/ Qays said: Abu Bakr bought Bilal for five UQYAH (fifty grams of gold) while he was buried under the stones. They said to Abu Bakr: If you refused to pay except one UQYAH we would have sold him to you! Abu Bakr said: if you refused to accept but one hundred UQYAH I would have paid you to take him from you! (Sahih/ Authentic/ Ibn Hajar/ Ghassan)

Sahih al-Bukhari » Book of Companions of the Prophet » Narrated Jabir bin `Abdullah: `Umar used to say, "Abu Bakr is our (Master/biggest or primary among several) chief/(most important), and he freed  our (Master/biggest or primary among several) chief/(most important)," meaning Bilal.

You can see that ['Ammar and his mother Sumayyah, Suhaib, and Miqdad] (may Allah be pleased with all of them) they gave in to the demands of the Kufarr, when they forced them to renounce their religion. But not Bilal (may Allah be pleased with him) because he did not believe it is necessity because he can endure it!

So my dear brother:

Any Muslim who believes sincerely to Allah that his or her circumstance reached the level of necessity then (he /she) is not blameworthy by Allah if he / she do the unlawful.

As long as they hate the unlawful and not desire it!

And as long they do not exceed the actual necessity time wise and amount wise (they restrict themselves to the necessary bare- minimum/ The smallest possible quantity or the least fulfilling, but still adequate, condition that is required, acceptable, or suitable for some purpose)

 

Now/ if you believe it is a necessity  to you and only to you then please chick if there are other options of debit cards or credit cards

Check with Ar-Rajihi (Islamic banking / with all reservations ) we heard that he offers credit cards (VISA) with no intrest!

Gratefully;

Ghassan Al-Barqawi

 

 

 

 

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