The Fat¯awá in Islamic Banking and Financial Industry: Explaining the Use of D. ar¯urah (Dire Necessity) and H. ¯ajah (Need) Maxims

Abstract

Shar¯ı‘ah objectives in relation to people are to secure interest of all and avert harm/hardship from them. These objectives have been taken care of in different Shar¯ı‘ah rulings. Regarding economics and finance, the principle of prevention of harm has been especially observed in the sphere of various Islamic contracts and business transactions. This study focuses on the use of maxims relating to d. ar¯urah (dire necessity) and h. ¯ajah (need), which redress the harm from people. Based on these maxims, Shar¯ı‘ah scholars/committees have often been issuing the license of legality to several Islamic banking and financial transactions and products. The objective of the paper is to explain whether h. ¯ajah and d. ar¯urah are amalgamated concepts, and to find out the extent to which the maxims of h. ¯ajah and d. ar¯urah are being exploited in Islamic banking transactions and products. In so doing, the paper, through a literature review, differentiates h. ¯ajah from d. ar¯urah. Analyzing the transactions and products as being used in Islamic Finance Industry (IFI), paper asserts that h. ¯ajah, rather than d. ar¯urah, is being entertained, and exploited to some extent. The paper also puts forward some suggestions for the stakeholders of Islamic banking and financial industry.