قاعده اضطرار (الضرورات تبيح المخدورات )

Principle of Constraint

Constrain is the condition of driven by necessity. The principle of constraint determines the duties of the person constrained. In jurisprudence, it includes a range of activities from cleanness to blood compensation. However , jurisprudents have discussed it mainly with regard to those that can be eaten and drunk, and presented three different interpretations: fear of losing oneʹs life; fear in general. including fear of losing oneʹs life, or oneʹs limb, etc.; and fear of things not related to oneself but to others. The roots of constraint are compulsion, precautionary concealment, loss and necessity. The present article deals with a kind of constraint whose source is necessiy. The Qurʹan has explicitly excused the person constrained from duties provided that the oppressor shows no inclination to sin. Tradition says that "there is so unlawful act that God Almighty has not made it permissible under constraint." The intellect also knows it permissible to give up necessary duties and to do the unlawful acts under constraint. Finally, the writer presents the conditions under which the application of the principle of constrain is made permissible.