The Rule of Necessity which Measures its necessity

Subject Areas : فقه و مبانی حقوق

Hossain Javar ¹ (Tehran University)
Marzieh Ganjeali Darani ² (Qom University)
Mohammad Ali Afshari ³ (Islamic Azad University of Qom/ Qom university)

Received: 2016-09-28 Accepted : 2016-12-05 Published : 2017-01-20

Keywords: Judicial principle, Gratitude, Necessity, Urgency, Removal of a block,

Abstract :

The Rule of Necessity which Measure its necessity is one of the rational and religious rules that jurists have spoken less about it. This is also due to the clarity of the matter, for by the clear wisdom of reason; whenever master (Mola) is due to his servant's urgency, In opposition to some of its imperative laws, He commended him and gave him leave. This release will remain as long as necessary, and with the destruction of the state of emergency, the release is also canceled. This permission of the departure of the original sentence due to necessity, Wisdom, has two constraints, time and amount. and it means, that the distress to a certain amount and only as long as adjusted the title of urgency. The permit for departing from the original sentence due to necessity, the wisdom of reason, has two limitations. Limit the amount and the time limit. This means that the detriment can only be used in a certain amount and only as long as its condition is called urgency and necessity.