The rule of need relegates to necessity controls and applications

Abstract

Summary
This research is included in the study of one of the most important rules of jurisprudence, which is (necessity descends the status of necessity, controls and applications) branching from the major rule (hardship brings facilitation) and since the jurisprudential rule is defined as knowledge of a total or majority rule that applies to all its parts. He has to know all the branches that fall under him, which leads to understanding Sharia, controlling jurisprudential issues and linking them to its rules, so that no contradiction occurs, and he has the jurisprudential faculty that he promotes in consideration and diligence. And what is meant by need: is what is lacking in terms of expansion and raising the distress that often leads to embarrassment and hardship, and as for necessity: it is that a person reaches a limit if he does not eat what is forbidden, perishes like the compelled to eat the dead for fear of starvation. The difference between need and necessity is the delusion of need, and if it is a state of effort and hardship, then it is without necessity and does not bring about its loss of perdition, for the need that comes down to the status of necessity with Imam al-Juwayni is what results from its loss of harm, fear or perdition, and the interests of the servants are not correct by losing it, so the concept of need and necessity has evolved from an era Juwayni to