Document Type : Reasearch paper
Abstract
God Almighty said: “And why should you not eat of that on which the name of God has been mentioned? He has detailed for you what has been forbidden to you, except what you are forced to. Indeed, many are led astray by Their desires without knowledge. Indeed, your Lord knows best the transgressors. (Al-Anfal, verse 119)
This verse indicates the fear of harm or destruction to oneself or some organs by refraining from eating. There is no doubt that when a person reaches this point, he must try to avoid this necessity, and the Holy Qur’an has permitted him to eat what is forbidden.
If necessity is achieved in this sense, it is permissible for the risky person to undertake what is forbidden by law, and the sin against God will be absolved from him, in order to ease the embarrassment and avoid the hardship. As the Almighty says (Indeed, he has forbidden to you dead animals, and blood, and the flesh of swine, and what has been dedicated to other than Allah. But whoever is compelled, without transgressing or transgressing, is no sin. Why? Indeed, Allah is Forgiving, Merciful.) (Al-Baqarah, verse 173)
But in the case of the rights of others, they are not waived due to necessity, and the majority of jurists must include the value of what was destroyed
A state of legislative and legal necessity.