Azaam, Wahidullah and Megat Laksana, Nan Noorhidayu and Zakaria, Mohamad Sabri
(2025)
The jurisprudence of priorities between the two necessities of preserving religion and preserving life in light of the objectives of Sharī‘ah: a comparative analytical study.
International Journal of Fiqh and Usul al-Fiqh Studies, 9 (2).
pp. 85-99.
E-ISSN 2600-8408
Abstract
This article explores the critical issue of prioritizing the
essential objectives (maqāṣid ḍarūriyyah) in Islamic legal
theory, with a particular focus on the precedence of
preserving religion (ḥifẓ al-dīn) over preserving life (ḥifẓ
al-nafs) when the two come into conflict. This matter holds
significant implications for shaping juristic reasoning and
for applying Islamic rulings in practical contexts. The study
arises from scholarly disagreements regarding the criteria
for this prioritization and the distinction between adhering
to firm rulings (‘azīmah) versus legal concessions
(rukhṣah) in situations of necessity. The article aims to
examine the internal hierarchy between these two objectives
and determine their respective positions within the broader
framework of Sharīʿah priorities, while also shedding light
on the functional interplay between them. Employing a
comparative analytical methodology, the study surveys
relevant scriptural texts and classical legal theories,
evaluates the arguments concerning the prioritization of
necessities, and supports the view which is most aligned with
the spirit and higher aims of Islamic law. The findings
indicate that, in cases of direct conflict, preserving religion
generally takes precedence over preserving life, as it
represents one of the highest and firmest obligations in
Islamic law. However, this is not an absolute rule: in
exceptional circumstances, it is permissible to prioritize the
preservation of life—a foundational necessity—over religion
as a conditional one, by way of concession rather than firm
obligation. An example of this is the permissibility of
uttering words of disbelief under duress. Such cases
illustrate the flexibility of the Sharīʿah in balancing its
objectives without compromising its core principles. The
article recommends careful calibration of this hierarchy in
contemporary legal reasoning and stresses the importance
of distinguishing between firm rulings and concessions
when addressing new legal cases and developing Sharīʿahbased public policies
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