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The Doctrine of Necessity (Ḏaruriyyāt) at the Hands of Political Islamists of Turkey

by Recep Dogan (Author)
©2021 Monographs VIII, 166 Pages

Summary

The Justice and Development Party (AKP), the ruling political Islamists of Turkey since 2002, has been using the doctrine of necessity to legitimize human rights violations. Recep Tayyip Erdogan, president of Turkey, founder of the AKP and leader of the political Islamists, demands unconditional obedience and full control of the state. Under his leadership, the AKP government has shut down all opposing media, schools and universities and put thousands of people in prisons based on a manipulation of the necessity doctrine. In the political context, hardships are interpreted as obstacles in the way of the political Islamists holding absolute power in the state. Therefore, they use this "necessity" concept as a means to preserve their political power against all potential threats after taking full control of the state. According to the political Islamists, minority groups can be sacrificed for the benefit of the majority. Their properties can be usurped and their lives can be terminated. In moderate Islamic understanding, the state and the ruler are in the service of Muslims, not the other way around. For political Islamists, the state and the ruler (the caliph) are considered so sacred that they need to be protected against all opponents. In order to protect the state against internal and external "infidels" the caliph can resort to unlawful means because the necessity doctrine makes the forbidden things permissible. In this book, the author analyzes the concept of necessity and its exploitation by the political Islamists.

Table Of Contents

  • Cover
  • Title
  • Copyright
  • About the author
  • About the book
  • This eBook can be cited
  • Contents
  • Preface
  • Introduction
  • Chapter 1 Necessity in Law
  • Introduction to the Necessity Doctrine
  • Chapter 2 The Necessity Concept in Islamic Jurisprudence
  • The Necessity (Darūrah) in the Qur’an and the Sunnah
  • Literal and Terminological Meaning of Darūrah – Ḏarūriyyāt (the Necessity)
  • The Philosophy Behind the Doctrine of Necessity
  • The Necessity (Darūrah) and Its Connection with Other Legal Terms
  • The Necessity and Its Place in Maqāsid al-Shariah (Higher Objectives of Islam)
  • Causes of Necessity
  • The Necessity (Darūrah) in the Legal Maxims
  • The Preconditions for the Implementation of Necessity
  • Chapter 3 The Doctrine of Necessity in the Political Context
  • The Political Theology of the Political Islamists of Turkey
  • The Necessity of Religion in Politics
  • The Necessity in the Establishment of Erdogan’s Authoritarian Regime and Its Actors
  • The Necessity for the Existence of the Caliphate
  • Radicalism in the Context of Necessity
  • The Necessity of Excommunication in the Ideology of Political Islamists
  • Chapter 4 The Necessity Doctrine Within the Framework of the State of Emergency
  • Human Rights Abuses Under the State of Emergency in Turkey
  • Politicized Terrorism Prosecutions
  • Criminalizing Dissent
  • Surveillance, Social Media, and the Right to Privacy
  • Crackdown on the Media
  • Shutting Down Educational Institutions
  • Political “Necessity” to Control Judiciary System
  • Cross-Border Counterterrorism
  • Political Islamists’s Attitude Towards the West During the State of Emergency
  • Chapter 5 Conclusion
  • Index

←vi | vii→

Preface

The necessity concept refers to the dire need of something, a state in which one is being forced to do something as well as the intensity of injury or harm. The doctrine of necessity allows people who are under compulsion or in dire need to do things that would otherwise be prohibited, with an objective to obtain greater gain and protect individuals from harm. This doctrine acknowledges human weakness in cases of extreme pressure, where the person benefits from the concession in order to avoid higher probability of causing greater harm if he does not choose the lesser of two evils and thus break the law. The basic understanding of the legal cases stated in the Qur’an and Sunnah literature helped Muslim scholars to formulate a comprehensive and systematic doctrine of necessity. They articulated its definition, principles, implementations and conditions. Accordingly, they reached a conclusion that when a person faces an extraordinary circumstance that could potentially cause harm to his body, mind, lineage, property or religion, the doctrine of necessity is implemented. However, the implementation of this doctrine on the basis of political reasoning may open a door for corrupt politicians to justify their wrong doings.

The Justice and Development Party (AKP), the ruling political Islamists of Turkey since 2002, has been using the doctrine of necessity to legitimize human rights violations. Recep Tayyip Erdogan, President of Turkey, the ←vii | viii→founder of the AKP and the leader of the political Islamists, demands unconditional obedience and full control of the state. Under his leadership, the AKP government has shut down all opposing media, schools, and universities and put thousands of people in prisons based on a manipulation of the necessity doctrine. In the political context, hardships are interpreted as obstacles on the way of the political Islamists toward holding absolute power in the state. Therefore, they use this “necessity” concept as a means to preserve their political power against all potential threats after taking full control of the state. According to the political Islamists, minority groups can be sacrificed for the benefit of the majority. Their properties can be usurped and their lives can be terminated. In moderate Islamic understanding, the state and the ruler are in the service of Muslims, not the other way around. For political Islamists, the state and the ruler (the caliph) are considered so sacred that they need to be protected against all opponents. In order to protect the state against internal and external “infidels” the caliph can resort to unlawful means because the necessity doctrine makes the forbidden things permissible. In this book, we attempted to analyze the concept of necessity and its exploitation by the political Islamists. We gave ample examples and insightful information in this book to help reader to see how a religious concept has become a political weapon by the Political Islamists of Turkey.

Recep Dogan

Lecturer in Islamic Studies

Brisbane/ Australia

←viii | 1→

Introduction

Islamic jurisprudence is the backbone of Islamic studies as it is considered as the mother of Islamic intellectual tradition. It is a dynamic conceptual framework and system taking into account the norm as well as the ever-changing conditions. Its principles and rules tackle every aspect of life; therefore, whenever a change happens, the law has to take into account such a change by passing a new legislation or modifying the existing one. There are, however, exemptions to these legal rulings in cases of emergency where human life or rights are at risk; Islam recognizes such dire circumstances and makes legislations that enable solutions during extraordinary times of constraint. The concept of necessity (arūrah) denotes that some opposing factors cross paths with the initial rulings of jurisprudence and require inclination toward acknowledging them. This is because the detrimental factors are greater than the initial rulings; therefore, the act will either be amended or be abandoned all together.

In Islamic juristic philosophy, all rulings can be classified as ‘aīmah (strict law) or rukhsah (concessionary law). The doctrine of necessity (arūriyyāt) is a sub-category of rukhsah (concessionary law). While ‘aīmah is the law in its normal state, rukhsah embodies the exceptions with which the Lawgiver brings ease in difficult circumstances. The Arabic word arūrah (sing. for arūriyyāt) ←1 | 2→is derived from the root word “arar,” which means damage, injury, harm, or hardship that cannot be avoided. Ḏarūrah literally means great necessity, inescapable difficulty, and hardship. The literal meanings of arūrah include the dire need of something, a state in which one is being forced to do something as well as the intensity of injury or harm. The doctrine of necessity allows Muslims under compulsion of necessity to do things that would otherwise be prohibited, with an objective to obtain greater communal gain and protect individuals from harm as well.

Although certain exemptions of the necessity doctrine (arūriyyāt) violates common law, it is justified with the notion of averting greater evil that would result in societal gain. Accordingly, some acts that would otherwise be a violation of common law are rendered as lawful by the necessity of choosing the lesser of two evils. The necessity doctrine represents a concession to human weakness in cases of extreme pressure, where the person benefits from the concession in order to avoid higher probability of causing greater harm if he does not choose the lesser of two evils and thus break the law.

The doctrine of necessity has been a fertile ground for posing philosophical dilemmas. Academic writers often fail to differentiate between whether or not they are referring to this necessity issue as a justification or an excuse. Some have approached the necessity as a justification for a wrongful act involving a choice between two evils, while others have referred this as a “utilitarian” doctrine of necessity that aims to identify conduct that will result in a greater good for the majority. If necessity is seen as an excuse, then the focus shifts from a balancing act between “two evils” to the plight of the actor. The solution to this difficult area of law may open a door for some people to justify their wrong doings. In the first chapter of the book, therefore, we attempted to explain how the doctrine of necessity has been implemented in law by various countries throughout history as it differs greatly in color and content according to circumstances and time in which it is used.

In the second chapter, we tried to give insightful information about the foundation of the necessity doctrine in the Qur’an and Sunnah, its development by Muslim jurists, and its formulation through legal maxims. The basic understanding of the legal cases stated in the Qur’an and Sunnah literature led Muslim jurists to the formation of a comprehensive and systematic doctrine of necessity. They formulated its definition, principles, implementations, and conditions. They reached a conclusion that when a person faces an extraordinary circumstance that could potentially cause harm to his body, mind, lineage, property, or religion, the doctrine of necessity is implemented. ←2 | 3→The Lawgiver has granted easiness and exemptions from the general rulings to make the religion applicable for all Muslims. However, the doctrine of necessity can indeed be misused as the politically oriented lawmakers can manipulate certain concessions to serve the interests of those holding the power.

The Justice and Development Party (AKP), the ruling political Islamists of Turkey, has been using the doctrine of necessity to legitimize human rights violations. Although the political Islamists of Turkey had fought for 40 years against the oppressive secularist regime and their injustices against practicing Muslims, their names have now been mentioned with corruption, bribery, patronage, and practices that directly contradict with their previous statements. They have conquered the state under the shadow of massive corruption, theft, injustice, favoritism, and degeneration. They justify their actions by arguing that in order to transform the secularist system in Turkey into an Islamic regime, there is a great necessity to create their own capitalist groups and media circles. Erdogan, the founder of the AKP and the leader of the ruling political Islamists, demands unconditional obedience and full control of the state. He has destroyed all democratic achievements after attaining monopoly in political power. The Erdogan government has shut down all opposing media, professional associations, unions, schools, and universities and put thousands of people in prisons based on a manipulation of the necessity doctrine. Now, the authoritarian AKP regime and political Islamists are in complete control of politics, the economy, and the media in Turkey.

Details

Pages
VIII, 166
Year
2021
ISBN (PDF)
9781433187766
ISBN (ePUB)
9781433187773
ISBN (MOBI)
9781433187780
ISBN (Hardcover)
9781433186004
DOI
10.3726/b18319
Language
English
Publication date
2021 (September)
Published
New York, Bern, Berlin, Bruxelles, Oxford, Wien, 2021. VIII, 166 pp.

Biographical notes

Recep Dogan (Author)

Dr Recep Dogan is a prominent Muslim scholar, author, university lecturer and community activist with outstanding qualifications and significant expertise in Islamic sciences, research and education in Australia and overseas. Dr Dogan give lectures on core Islamic sciences, the methodology of Qur’anic exegeses, the methodology of prophetic traditions, prophetic history, Islamic law, Islamic theology, the methodology of Islamic law and Islamic history.

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Title: The Doctrine of Necessity (Ḏaruriyyāt) at the Hands of Political Islamists of Turkey
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