Emergency Concept in Islamic Law

Norwili, Norwili (2020) Emergency Concept in Islamic Law. Hamdard Islamicus, 43 (S.2). pp. 690-704. ISSN 0250-7196

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Abstract

Al-Qur'an and hadith have offered various solutions to many problems found in this world. However, recently the solutions for many contemporary issues can not be found in the Qur'an and Hadith. For the problems assumed having no solution in the Qur'an and hadith, the jurists are finding solutions through the doors of Ijtihad. One of these problems is the emergency condition. For the concept of emergency, Islam gives legal statutes within Islamic law. The statutes are sometimes permitting to be halal for things that decreed as forbidden due to the emergency condition. The Haram can be seen as halal during the emergency only. However, after the emergency and the problem has been solved, the prohibited ones will stay Haram just like before following the Islamic law. This urgency has a relation to the frequency of natural disasters in Indonesia, causing the loss of life, loss of job, etcetera, and many people may assume to do the unlawful acts under the emergency. This research paper explains about this emergency concept and how it should be implemented through the concepts found in Al-Qur'an and Hadith. This research is descriptive qualitative. The data sources are Al-Qur'an, Hadith, and various Islamic law books about the emergency condition to find solutions that can be considered right. The result has found that there are some different perspectives in giving solutions for the emergency condition offered by the four schools of Hanafi, Maliki, Syafi‟i, dan Hambali.

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