Application of the Principle "Al-Ḍarūrāt Tubīḥ al-Maḥẓūrāt" in Hanafi Fiqh: In the Context of Consuming Carrion (Maytah)

Abstract

The paper discusses the Hanafi fiqh principle, al- darurat tubih al-mahzurot, in the context of carrion consumption (maytah). The paper will start by presenting the principle, its underlying significance to the Islamic jurisprudence, and the larger position of necessity (ḍarūrah) and need (ḥājah) in the Hanafi school. It then provides concrete textual evidence of the Qurʾan (almost exclusively S 5:3 ) al-Baqarah 2:173, and al-An 6:145 ) and genuine Prophetic traditions stating that carrion is never permitted except in a case of absolute life-threatening need. The main argument is the analysis of the Hanafi position: Imam Abub Hanifah and his two main pupils (Abu Yusuf and Muhammad al-Shayb) and subsequent Hanafi authorities all allow the consumption of carrion under strict conditions: the true life is threatened, a halal alternative does not exist, no intention of rebellion, not habitual and the minimum necessary to save life (qadr al-darurah). The paper demystifies the differences between the ḍarūrah (life-threatening necessity), ḥājah (pressing need), and the lower degrees of hardship, and the three acceptable degrees of ḍarūrah in the Hanafi works. According to comparative notes, the Hanafi school is more restrictive and cautious than the Shafiti, Malki and Hanbal schools, especially on threshold of necessity and quantity restrictions. The practical uses of the principle are discussed on classical fiqh matters (prayer, fasting, transactions, medical treatment) and its applicability in crises of today - medical crises, famine, natural calamities, economic depression and some modern medicines or vaccines. The paper arrives at the conclusion that the Hanafi approach to this principle is the epitome of the Sharīah compromise between the uncompromising adherence to prohibitions and the flexible mercy that safeguard human life, and attest to the classic wisdom of the Sharīah and its continued usefulness. Future research should be recommended with a more detailed application to new bioethical, environmental, and food-security dilemmas.

Keywords: Hanafi fiqh, al-ḍarūrāt tubīḥ al-maḥẓūrāt, ḍarūrah (necessity), carrion (maytah), life preservation, quantity restriction (qadr al-ḍarūrah), Qurʾānic prohibition, Prophetic traditions, comparative madhhab views, contemporary application, Sharīʿah objectives (maqāṣid), fiqh of emergencies