What is the Sharia evidence for the two maxims "Committing the lesser of two harms" and "Necessities permit the forbidden"?
Islamic is based on achieving benefits and warding off harms. The texts of the Quran and have established the rule: "Necessities permit the forbidden," and "Committing the lesser of two harms to avert the greater." An example of this is the permissibility of marrying a slave woman when one is unable to marry a free woman, in order to avoid fornication. If there is no alternative but to commit one of two harms, the lesser of them is committed to avert the greater. The five essential necessities (religion, life, intellect, lineage, honor, and property) are ranked according to importance, such that the lesser is committed when necessary.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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