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

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

PDF - Published Version Download (4MB)

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

Item Type:	Article (Journal)
Uncontrolled Keywords:	Prioritization, maqāṣid, necessity, Islamic law
Subjects:	BPK Islamic law. Shari'ah. Fiqh
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Dr Nan Noorhidayu Megat laksana
Date Deposited:	18 Sep 2025 15:15
Last Modified:	18 Sep 2025 15:15
URI:	http://irep.iium.edu.my/id/eprint/123286

Actions (login required)

View Item