A Comparative Analysis of the Principle of 'Necessities Permit Prohibitions' in Addressing Global Health Crises

Abstract

The principle of "al-Darurat Tubih al-Mahdhurat" is a key tenet of Islamic jurisprudence that has gained significant importance in the context of global health crises. This rule, especially in emergency situations where the preservation of human life and public welfare is paramount, allows jurists and policymakers to justify actions that would typically be prohibited in order to protect public health. This article explores the concept and jurisprudential foundations of the rule, analyzing its application in global health crises. In particular, during pandemics and other global health emergencies, this rule has served as an important tool for making health and social policy decisions. A comparative analysis of its application across different Islamic schools of thought is also undertaken, highlighting the differences in interpretation and implementation of this rule in health crises. The study further examines the limitations and challenges of applying this rule within Islamic and secular legal systems and offers recommendations for its improved future use. The findings indicate that this principle, as a flexible and comprehensive tool in managing global health crises, not only helps mitigate human suffering but also serves as a potential model for the interaction between Islamic law and international legal systems in the context of global emergencies.