Legal and Jurisprudential Exploration of the Quranic Arguments for Emergency

Emergency is a secondary title and it is one of the common jurisprudential rules used in different areas of jurisprudence and law. Jurists have mainly raised the issue of emergency in the field of foods and drinks and it has not been raised in the field of hodud and qisas and its arguments and reasons have not been addressed in a focused manner. Since emergency is a rule mentioned in the Holy Quran and narratives, in the present article, the Quranic arguments and evidences are fully and accurately discussed through a descriptive-analytical method. According to the Quranic verses, emergency is a justified reason for crime and the action conducted by someone in emergency is not seen as crime eligible for punishment provided that it enjoys mentioned conditions in Quranic verses. It seems that considering Quranic arguments, one can say that in hodud and canonical punishments, emergency is one of the justified reasons and the person in emergency is not punished. In qisas, also, emergency is seen as a justified reason in some cases such as crime against a body organ.