THE NATURE OF THE LEGALITY OF CRIMES OF NECESSITY
DOI:
https://doi.org/10.53555/ssh.v7i6.2232Keywords:
nature, legality, crimes, necessityAbstract
The scholars - may God Almighty have mercy on them - have limited the necessities without which there is no life in five faculties in which all the molecules necessary for life fall. A person’s life is cut off, and if there is a difference between the nations regarding the preservation of these necessities, it is in the manner of preserving them, not in their origin. The research has been called the nature of legitimacy for crimes of necessity; Because the meaning of necessity is a comprehensive meaning that touches on many matters, and a person must be characterized by reconciliation with himself and with others, and the noble Islamic Sharia has considered that any aggression that occurs against these universals or one of them is considered a crime in the eyes of Sharia that deserves the punishment specified by the Sharia. Islam did not leave the matter in vain, as the Almighty said: (ﮚ ﮛ ﮜ ﮝ ﮞ) but rather set the limits
And enact the way to know what is beneficial that must be sought and commanded, and what is harmful must be avoided and abstained from. And all of this came through the provisions that God enacted for his servants. As these commands and prohibitions are the sections of the ruling with which the Islamic street addressed the taxpayers. In this research, I dealt with some of the rulings on a number of issues in advance by defining them and explaining their divisions as follows: Definition of governance and its divisions, intention and permission, legal nature of necessity, comparison between Sharia and law in the nature of necessity,
I have interpreted the verses, explained the hadiths, criticism and deduction, and listed the opinions of scholars and tried to explain the most correct one. Using the analytical method, then it showed the teachings to which the verses guide us, which must be applied in dealing with people through the applied approach.
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References
. Dr. Muhammad Mustafa Imbabi in Islamic legislation, its characteristics, and the history of the first edition in 1976
CE, Muhammadiyah Printing House, p .
. Sharh al-Badakhshi and with him Sharh al-Assani by al-Baidawi, Muhammad Ali Sobeih Press, Volume 1, p.19 .
. Dr. Abdul-Khaleq Al-Nawawi in Criminal Legislation in the Islamic Sharia and Positive Law, p. 17 .
. Al-Ahkam fi Usul Al-Ahkam by Al-Amdi Al-Maaref Press in 1914 AD, volume 1, p. 135, and waving at the
clarification of the text of the revision of Ubaid Allah bin Masoud, famous for the publication of the Sharia,
Muhammad Ali Sobeih Press, volume 1, p. 13, and al-Kamal bin al-Hamam in Editing Fi Usul al-Fiqh edition of
al-Halabi p. 215 and the summary of Ibn al-Hajib al-Maliki and the footnote Saad al-Din al-Taftazani, volume 1, p.
, first edition .
. Judge Al-Baydawi in Sharh Al-Badakhshi, Volume 1, p. 33 .
International Journal For Research In Social Science And Humanities ISSN: 2208-2697 Volume-7 | Issue-6 | June, 2021 9
. Sheikh Muhammad Abu Zahra in Usul al-Fiqh - Committed to Printing and Publishing Dar al-Fikr al-Arabi, p. 50 .
. Kashf al-Asrar, Sharh al-Musannaf Ali al-Manar, by Imam Abu al-Barakat Abdullah al-Nasfi, with a footnote to
al-Allamah Muhammad ibn Abd al-Halim al-Laknawi, first edition - al-Kubra Press in Bulaq, volume 1, p. 97 .
. Al-Qadi Al-Baydawi in Sharh Al-Badakhshi and with him Sharh Al-Assani, Volume 1, p. 47 .
. Al-Hakam fi Usool Al-Ahkam by Al-Amdi, Volume 1, p. 185 and beyond, Dar Al-Maaref edition .
. Verse No. 13 Surat An-Nur .
. Ibn Katheer in the Interpretation of the Great Qur’an, edition of Issa al-Babi al-Halabi, Volume 3, p. 373 and
beyond .
. Accuracy in Usul al-Ahkam by al-Amdi, volume 1, p. 185, and Sharh al-Badakhshi, volume 1, p. 38 .
. Sheikh Abd al-Wahhab Khallaf fi ‘Ilm Usul al-Fiqh, Edition (20) Dar al-Qalam for Printing and Publishing, p. 117 .
. Al-Mustafa fi Ilm Al-Osoul by Al-Ghazali, Volume 1, p. 98.
. Al-Mustafa Al-Ghazali - previous reference .
. Sheikh Abdul Wahhab Khallaf - the previous reference, p. 121 edition of the year 1406 AH in the year 1986 AD .
. It was also defined as: “The permissibility of the prohibited while standing up for the one who is prohibited.” See:
Dr. Abd al-Aziz Abd al-Rahman al-Saeed in: Ibn ( ) Sheikh Muhammad Abu Zahra fi Usul al-Fiqh, p. 51 .
. Sheikh Abd al-Wahhab Khalf fi Usul al-Fiqh, p. 123 .
. Abbreviation of Ibn Kathir’s Interpretation - Abbreviation of Muhammad Ali al-Sabouni - House of the Noble
Qur’an - Beirut, Volume 2, p. 348 .
. Al-Bukhari's Commentary on the Origins of Fakhr Al-Islam Al-Bazdawi, Volume 1, p. 637, printed in Istanbul .
. Sheikh Abdul Wahhab Khalaf. Usul al-Fiqh p. 124 .
. The Sahih Mosque of Abu Al-Hussein Muslim bin Al-Hajjaj bin Muslim Al-Qushayri Al-Nisaburi, Volume 5, p.
- Dar Al-Fikr Edition - Beirut .
. The late Abdul Qadir Odeh in Islamic criminal legislation compared to positive law, Volume 1, p. 116, Al-Resala
Foundation .
. Professor Abdul Hamid Badawi, and Dr. Raouf Obeid in the Principles of the General Section of the Egyptian
Punitive Legislation Edition 1963 CE First Edition p. 529, as well as Professor Ibrahim Zaki Aknoukh in case of
necessity in the Penal Code Edition 1969 p. 113 and beyond. The permissible reason means “to remove the
description of the crime from a certain behavior it fits this description; It is a criminal law acknowledgment of a
rule in a non-criminal law that discriminates and authorizes that behavior ”.
. Dr. Ramses Bahnam in the General Theory of Criminal Law, p. 909 .
. Mahmoud Najib Hosni in Explanation of the Penal Code, General Section, Pg. 586, footnote (1 .(
. Dr. Al-Saeed Mustafa Al-Saeed in the General Provisions in the Penal Code p. 419, and His Eminence referred to
Vidal and Manuel H.1 No. 212-217 .
. Dr. Raouf Obeid in the Principles of the General Section of the Egyptian Punitive Legislation, ibid. p. 529, as well
as Professor Ibrahim Zaki Aknoukh in case of necessity in the Penal Code of 1969 p.113 and beyond .
. Al-Mustafa by Imam Abu Hamid Al-Ghazali, Volume 1, p. 98 .
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