Application of Principle of Necessity (Ḍarūra) in Sharī‘ah Legal Thoughts of Sejfulah Proho, Ali Riza Prohić, and Džemaludin Čaušević

Abstract

UDK
348.97:929 Proho S.
348.97:929 Prohić A. R.
348.97:929 Čaušević M. Dž.

This study examines the contributions of prominent Bosnian scholars - Sejfulah Proho, Alija Riza Prohić, and Mehmed Džemaludin Čaušević - in understanding and applying the principle of necessity (ḍarūra) in Sharī‘ah legal matters at the turn of the 20th century. Operating in the complex socio-political context of Austro-Hungarian and Yugoslav rule, these scholars sought to reconcile classical legal sources with emerging social changes. Proho emphasized safeguarding property and faith through practical solutions; Prohić highlighted the limits of Sharī‘ah law flexibility, distinguishing between permanent and variable norms; and Raʾīs  Čaušević stressed the necessity of education, enlightenment, and reform for survival of the Muslim community. The analysis shows that despite differing perspectives, their views shaped a distinctive local approach to Islamic jurisprudence – based on the preservation of faith and life, yet open to contextual adaptation.