What is the evidence from the Qur'an and Sunnah for the two principles: "Necessities permit the forbidden" and "Committing the lesser of two harms to ward off the greater"?
The principle of "necessities permit the forbidden" is a subsidiary overarching principle. Some scholars have included it under the principle of "harm is to be removed" or "hardship brings ease." Its meaning is echoed in the words of Ibn al-Qayyim and Ibn Sa'di: "There is no obligation with incapacity, and no prohibition with necessity." The evidence for its validity includes verses and hadiths indicating that a person in necessity has a ruling that differs from others, and the general evidence pointing to the ease of and the alleviation of burdens when a sudden excuse arises. This principle is agreed upon by jurists, and jurists from all four schools of thought have explicitly stated it.
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Reviewed by El Fatwa's sharia committee.
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