بررسي فقهي اضطرار و ضرورت

A Juristic Study of Exigency and Necessity

Exigency and Necessity are the well-know secondary titles of Islamic jurisprudence which have been referred to on its different levels. Although they have had an influencial role in the removal of individual and social impediments, the Shia jurists have never studied them independantly and coherently, and their regulations and punishments still remain undefined. Thus, they are sometimes refered to unduly in legislation, during execution, or even as being the origin or reason for a piece of legislation. The present essay aims to go a step forward towards filling this gap by trying to clarify the meaning of these two titles and their references it will also show that the meaning and the executive domain of these two are identical. It also undertakes to persent the regulations, conditions, and causes for exigency, and compares necessity with public interest and free will with obligation caused by exigency. It also discusses whethere or not exigency is individual or general, and finally introduces some of the juristic applicahilities of the principle.