The Role Of Necessity and Urgency Rule in the Legitimacy of Exerting Non-Proprietorship by the Government

Although the manner and conduct of the Holy Prophet (pbuh) and other infallibes (as) in word and in deed is the best proof for the authorization of the state on the Islamic right for exerting non-ownership، if necessary، there are strong and certain rules in the Islamic Jurisprudence and law confirmed by traditions، versions، the Qur''anic verses، and documents in that concern. One of the legal basics which permits the government، if necessary، to exert for the non-ownership of individuals is the jurisprudential rule called «Necessity and Urgency» or «the removal of urgency». This paper is an attempt to explain the concept of this subject، and to investigate the legal documents in each case. The findings of this article represent the fact that under the rule of necessity and urgency as well as the loss due to certain situations such as unexpected events، conflicts and war- times، or any other necessary condition، the Islamic government is authorized to ignore the principle of proprietorship of people to remove the needs and urgency، and to nullify that right. Because under the aforementioned rule، in case of need and urgency، the legal state is allowed to exert justice in society and to be the trustee of service providers of the community.