The Importance of Considering the Desire (Hajat) and Emergency (Darurat) in Fatwa Related to Basic Needs of Muslim Minority

Abstract

Fatwa is something important in the life of Muslims, as it answers many arising questions among Muslim community regarding aqidah (faith), ibadah (worship) and akhlak (morals). The provided answer will ensure the life of Muslims to conform to the demand of holy Islamic teachings. Usually, fatwa will be produced by authorised personnel in Muslim countries and Muslim minority countries such as countries of Europe and others. Muslims do not just occupy Muslim countries, but also non-Muslim countries. To sustain the life, they require basic needs as they are included into the element of desire (hajat) and emergency (darurat) which is inevitable by them. But to obtaining of the basic needs does not always conform to the sharia laws. The main objective of this article is to explain the importance of considering the situation of desire and emergency in producing fatwa regarding the basic needs for Muslim minority. This article is based on qualitative study. Data were collected from classical books of Islamic jurisprudence, books of contemporary Islamic jurisprudence, websites and others, and then analysed to attain the outlined objective. This study found that the consideration of desire and emergency situation in producing fatwa of issues involving the life needs by authorised party, for Muslim minority group is an essential need to prevent difficulties faced in the life of Muslims but it must fulfill the condition determined by the scholars. If the situation of desire and emergency are not considered, the life of people in countries of Muslim minority will always be difficult, while avoiding difficulties from the Muslims is a demand in Islam itself.