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Fatwa CenterThe Concept of Need and Necessity and Their Impact on Legal Rulings and the Use of Credit Cards
Question
In the fatwa "Using Credit Cards Without Paying Interest" you say "Most contemporary scholars – as far as we know – held that using them is permissible in case of dire need for them, provided that the card holder pays the required balance before expiration", but what is 'dire need', do you mean daroorah or less than daroorah? What is difference in fiqh between lil 7aajah and daroorah?
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad (
) is His Slave and Messenger.
It is not possible to define the term "need" with a precise definition that clearly distinguishes it from other matters that are difficult for a person to do without or harmful for him to endure – especially given the differences in people’s circumstances, times, and varying needs in their daily lives.
For this reason, Al-Juwayni 
said in Ghiyath Al-Umam: "It is not possible to formulate a definition of the term "need" that is precise enough to distinguish it in the same way that named things are distinguished by their specific names and titles. Rather, the utmost that can be achieved in explaining it is an approximation and a well-ordered clarification that points to its intended meaning." (End quote.)
Both necessity and need – whether described as pressing or not – entail hardship, harm, and difficulty, but their presence within necessity is more severe and more apparent.
It is stated in The Kuwaiti Encyclopedia of Fiqh: "The difference between need and necessity is that need, although it involves hardship and difficulty, is less than necessity. Its level is lower, and its absence does not lead to destruction." (End quote.)
Because needs vary in degree, they do not always affect legal rulings. In some cases, however, they are treated like necessity in allowing concessions and facilitating ease.
Among the recognized situations is when the need is widespread, affecting the entire nation, or when it applies to a specific group, such as the people of a particular region or those engaged in a certain profession. The governing principle in this regard is: "Need is treated as necessity, whether general or specific."
Al-Zuhayli explained that a general need is one that affects the entire nation, while a specific need is one that affects a group, such as the people of a particular land or profession – not merely individuals except in rare cases.
It is stated in The Kuwaiti Encyclopedia of Fiqh: "What is meant by treating need as equivalent to necessity is that it affects legal rulings by permitting what is normally prohibited and allowing the omission of obligatory acts, and other such exceptions to the general principles." (End quote.)
For this reason, many scholars have shown leniency regarding the use of credit cards in Western countries, even when they involve interest-based conditions, due to widespread need and the absence of permissible alternatives such as Islamic banks.
This leniency is further strengthened when the cardholder pays the required amount before the due date, in which case he does not fall into interest. The prohibition would then relate only to blocking the means, and the principle states: "What is prohibited as a preventive measure may be permitted due to need."
Allah Knows best
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