Kacir T.2024-07-222024-07-22201625289861http://akademikarsiv.cbu.edu.tr:4000/handle/123456789/15899In the fatwas given today related to whether individual or social life, the area of jawaz either has been very wide or very narrow. Those, who feature the behavior making prohibited things lawful, have nearly defined even necessity within the pragmatism on the basis of need and they keep the area in question very wide. On the other hand, those who confine the evidence of maslaha to a methodological principle, have nearly disregarded needs in solving individual and social problems. Whereas, in the fiqh, the needs have been categorized as necessary/daruri, human want/haji and making beautiful/tahsini, and many principles have been constructed for taking stock of them. One of the principles is the lex of "Need/al-Haje, general or particular, is dealt with as to meet necessity/al-Darura." When it is determined how this lex has come out since the first period and its conditions in the context of implementation are determined, it will be come out that necessary cannot be reduced to need. In the same way, it will be come out that the maslaha is not an evidence disconnected with life. So, in the article, we will discuss the concepts of necessary and need. Then, we will show what the conditions to be considered in implementation of this lex are, what its base is in the sharia, how it has come out since the first period, and how it has been used in actual issues of the fiqh as well as in a specific example. Thus, with this study, we purpose to contribute to the solution of the actual issues of the fiqh. © 2016, Cumhuriyet Theology Journal.TurkishAll Open Access; Gold Open Access; Green Open AccessArticle10.18505/cuid.273981