The Role of “Intention” in Making Necessity and Its Jurisprudential and Legal Consequences

In jurisprudence and criminal law, necessity is considered among the causes of criminalization, based on which, the distressed person will not have any criminal liabilities for his/her measures., if the “intention” element. However, in cases where the "intention" element can be considered involved in the emergence of the state of necessity, the exclusion of the criminal liability will not be happened. The determination of the semantic range of necessity is a controversial issue among the criminal authorities; In the Holy Qur'an, this issue is noted in the quintuple verses of necessity, and interpreters and Islamic jurists have tried to resolve the semantic uncertainty of the words in these verses considering the relevant regulations; jurisprudential topics also was strongly affected by the mentioned verses in this context, and they are a kind of jurisprudential interpretation of necessity verses. In this manuscript, by using the analytical-descriptive method, while explaining the merits of the awards of jurists and interpreters, a solution is presented to resolve the ambiguity mentioned above. Hence, the terms necessity verses have semantics overlapping and the common and positive values of all of them should be considered as general particulars for the verdict of necessity. Therefore, only making a necessity with the intention of perpetrating an illicit action or by knowing its ineluctability to commit it can be considered intention in making a necessity, and in these situations, the criminal liability will remain.