Doctrine of Necessity in Western and Islamic Political Thought; A case study of Pakistan legal frame work

Abstract

This study explores the dynamic interplay between Western and Islamic theories of necessity, particularly in Pakistan's legal system. Juxtaposing Western legal philosophy with Islamic principles settled through ahadith and Quran verses and so also principles settled by the different Imams, it analyzes how diverse traditions address exigent circumstances. Through case studies and historical underpinnings, the research illuminates how these differing concepts converge and diverge, shaping legal discourse and the evolution of law in a society where multiple philosophies and religions coexist. It explores the historical roots and evolution of the necessity theory in both Western and Islamic traditions, delving into the diverse arguments and viewpoints put forth by various thinkers and schools of thought. The analysis extends to the contemporary context of Pakistan, where the constitution acknowledges both divine sovereignty and popular sovereignty. Notably, the doctrine of necessity has been employed to rationalize military coups and constitutional changes. The article assesses the interplay and potential conflicts between Western and Islamic perspectives on necessity, considering the ramifications for the legitimacy and authority of governance in Pakistan.