Necessity (Darurah) and Forgetfulness (Nisyan)

2021 ◽  
pp. 103-111
Author(s):  
Mohammad Hashim Kamali

The rules of shariah make exceptions for cases of necessity when, for instance, one has to take forbidden food in order to save one’s life. But necessity (darurah) has its own set of rules, which this chapter addresses in detail. Briefly, darurah is defined as a situation that entails fear for loss of one’s life, affliction with grave bodily injury, or loss of property and honor with a degree of certainty that arises from one’s knowledge of the situation such that it leaves the victim with no choice for an alternative. The same analysis applies to forgetfulness (nisyan), which is when someone takes forbidden stuff by mistake or due to ignorance. In such a case, the person is exonerated by shariah.

2007 ◽  
Vol 12 (3) ◽  
pp. 4-7
Author(s):  
Charles N. Brooks ◽  
Christopher R. Brigham

Abstract Multiple factors determine the likelihood, type, and severity of bodily injury following a motor vehicle collision and, in turn, influence the need for treatment, extent of disability, and likelihood of permanent impairment. Among the most important factors is the change in velocity due to an impact (Δv). Other factors include the individual's strength and elasticity, body position at the time of impact, awareness of the impending impact (ie, opportunity to brace, guard, or contract muscles before an impact), and effects of braking. Because Δv is the area under the acceleration vs time curve, it combines force and duration and is a useful way to quantify impact severity. The article includes a table showing the results of a literature review that concluded, “the consensus of human subject research conducted to date is that a single exposure to a rear-end impact with a Δv of 5 mph or less is unlikely to result in injury” in most healthy, restrained occupants. Because velocity incorporates direction as well as speed, a vehicular occupant is less likely to be injured in a rear impact than when struck from the side. Evaluators must consider multiple factors, including the occupant's pre-existing physical and psychosocial status, the mechanism and magnitude of the collision, and a variety of biomechanical variables. Recommendations based solely on patient history and physical findings (and, perhaps, imaging studies) may be ill-informed.


2013 ◽  
Vol 25 (2) ◽  
pp. 95-104 ◽  
Author(s):  
Coy Callison ◽  
Rhonda Gibson ◽  
Dolf Zillmann

This study used an experimental news report about confrontational robberies by adolescent groups in Mexican resorts that presented statistics with or without personalized cases of victimization. Study participants estimated the risk of harm to victims and the extent of their suffering. They also indicated their own risk and concern for their own safety. The readers’ numeric ability was ascertained thereafter. A trisection of this ability showed that persons of high ability comparatively overestimated others’ risk but underestimated their own; this despite indicating greater concerns for their own safety. These results were not altered by consideration of the readers’ empathic, experiential, and rational traits. The incorporation of personalized cases of victimization in the news report did not appreciably influence risk assessments. The involvement of cases resulting in major bodily injury, however, increased estimates of the incidence of such robberies.


Author(s):  
Melvin A. Eisenberg

Chapter 18 concerns the principle of contract law that damages must be proved with reasonable certainty. In practice this principle is usually applied to cut off profits that a promisee claims he would have made if the promisor had performed. Under classical contract law the degree of certainty required to prove lost profits was typically set at a high level and the use of probability-based analysis was explicitly or implicitly rejected. This approach is often referred to as the all-or-nothing rule. It is dramatically out of touch with the reality of probability and has begun to be less widely followed.


2019 ◽  
Vol 374 (1785) ◽  
pp. 20190277 ◽  
Author(s):  
Edgar T. Walters

Chronic pain is considered maladaptive by clinicians because it provides no apparent protective or recuperative benefits. Similarly, evolutionary speculations have assumed that chronic pain represents maladaptive or evolutionarily neutral dysregulation of acute pain mechanisms. By contrast, the present hypothesis proposes that chronic pain can be driven by mechanisms that evolved to reduce increased vulnerability to attack from predators and aggressive conspecifics, which often target prey showing physical impairment after severe injury. Ongoing pain and anxiety persisting long after severe injury continue to enhance vigilance and behavioural caution, decreasing the heightened vulnerability to attack that results from motor impairment and disfigurement, thereby increasing survival and reproduction (fitness). This hypothesis is supported by evidence of animals surviving and reproducing after traumatic amputations, and by complex specializations that enable primary nociceptors to detect local and systemic signs of injury and inflammation, and to maintain low-frequency discharge that can promote ongoing pain indefinitely. Ongoing activity in nociceptors involves intricate electrophysiological and anatomical specializations, including inducible alterations in the expression of ion channels and receptors that produce persistent hyperexcitability and hypersensitivity to chemical signals of injury. Clinically maladaptive chronic pain may sometimes result from the recruitment of this powerful evolutionary adaptation to severe bodily injury. This article is part of the Theo Murphy meeting issue ‘Evolution of mechanisms and behaviour important for pain’.


Author(s):  
Zuzanna Brzozowska ◽  
Eva Beaujouan

AbstractThe use of fertility intention questions to study individual childbearing behaviour has developed rapidly in recent decades. In Europe, the Generations and Gender Surveys are the main sources of cross-national data on fertility intentions and their realisation. This study investigates how an inconsistent implementation of a question about wanting a child now affects the cross-country comparability of intentions to have a child within the next three years and their realisation. We conduct our analysis separately for women and men at prime and late reproductive ages in Austria, France, Italy and Poland. The results show that the overall share of respondents intending to have a child at some point in their life is similar in all four analysed countries. However, once the time horizon and the degree of certainty of fertility intentions are included, substantial cross-country differences appear, particularly in terms of proceptive behaviour and, consequently, the realisation of fertility intentions. We conclude that the inconsistent questionnaire adaptation makes it very difficult to assess the role of country context in the realisation of childbearing intentions.


2021 ◽  
Vol 13 (5) ◽  
pp. 2466
Author(s):  
Tomas Molina ◽  
Ernest Abadal

The Intergovernmental Panel on Climate Change (IPCC) reports on climate change have served to alert both the public and policymakers about the scope of the predicted changes and the effects they would have on natural and economic systems. The first IPCC report was published in 1990, since which time a further four have been produced. The aim of this study was to conduct a content analysis of the IPCC Summaries for Policymakers in order to determine the degree of certainty associated with the statements they contain. For each of the reports we analyzed all statements containing expressions indicating the corresponding level of confidence. The aggregated results show a shift over time towards higher certainty levels, implying a “Call to action” (from 32.8% of statements in IPCC2 to 70.2% in IPCC5). With regard to the international agreements drawn up to tackle climate change, the growing level of confidence expressed in the IPCC Summaries for Policymakers reports might have been a relevant factor in the history of decision making.


2020 ◽  
pp. 088626052096667
Author(s):  
Grace B. McKee ◽  
Kathy Gill-Hopple ◽  
Daniel W. Oesterle ◽  
Leah E. Daigle ◽  
Amanda K. Gilmore

Strangulation has long been associated with death in the context of sexual assault and intimate partner violence (IPV). Non-fatal strangulation (NFS) during sexual assault, which refers to strangulation or choking that does not result in death, is common and has been associated with IPV and with bodily injury; however, other factors associated with NFS are unknown. The current study examined demographic and sexual assault characteristics associated with NFS among women who received a sexual assault medical forensic exam (SAMFE). A second purpose of this study was to explore factors associated with receiving follow-up imaging orders after NFS was identified during a SAMFE. Participants ( N = 882) ranged in age from 18 to 81 ( M = 28.85), with the majority identifying as non-Hispanic White (70.4%) or Black/African American (23.4%). A total of 75 women (8.5%) experienced NFS during the sexual assault. Of these, only 13 (17.3%) received follow-up imaging orders for relevant scans. Results from a logistic regression analysis demonstrated that NFS was positively associated with report of anal penetration, intimate partner perpetration, non-genital injury, and weapon use during the assault. Results from chi-square analysis showed that among sexual assaults involving women who experienced NFS, those whose assaults involved weapon use were over four times more likely to receive imaging orders compared to assaults without weapon use. These findings have implications for criminal justice, and if incorporated into danger assessments, could potentially reduce fatalities linked to sexual assault and/or IPV. Additional work is needed to ensure that all assaults with NFS trigger a referral for imaging regardless of other assault characteristics.


1943 ◽  
Vol 89 (375) ◽  
pp. 284-288 ◽  
Author(s):  
William Blyth

As a rule, in hospital practice there’ is little urgency for a rapid diagnosis in idiopathic epilepsy to be effected, and doubtful cases can be submitted to prolonged observation until an actual seizure has resulted. There are, however, certain occasions when the necessity arises for the establishment of a definite diagnosis as early as possible. In the average hospital case, the period of observation necessary will be a matter of days or, at the most, a week or so, but in cases of irregular seizures at infrequent intervals, this period may have to be extended into months before any opinion can be offered. It is with a view to curtailing this period of observation that an attempt has been made in this investigation to determine a method whereby the condition can be diagnosed with a degree of certainty in the absence of seizures.


2010 ◽  
Vol 63 (5-6) ◽  
pp. 387-392
Author(s):  
Radomir Matunovic ◽  
Zdravko Mijailovic ◽  
Milorad Rabrenovic ◽  
Violeta Rabrenovic

Introduction. In the regular clinic practice, the assessment of the cause of dispnea is a dilemma which has a significant implication in both the estimation of prognosis and treatment of the patient. In emergency cases, when most necessary, it is often very difficult to determine whether dispnea was caused by a heart or lung disease. Role of natriuretic peptide in patients with dispnea. An acute patient with dispnea might suffer serious consequences of inadequately established diagnosis so congestive heart failure (CHF) has to be diagnosed quickly and precisely in the ER. Unfortunately, symptoms and signs of CHF are unspecific, it is sometimes impossible to obtain an adequate anamnesis and diagnosic procedures currently applied are either insufficiently precise or provide scarce information or can not always be performed under appropriate conditions. On the basis of previous findings, it has been proved that brain natriuretic peptide (BNP) can considerably contribute to the establishment of correct diagnosis as well as to the possibility of introducing an adequate therapy for those patients. However, the real value of those peptides should be estimated in relation to other clinical manifestations and indicators and the specifics of examined patients including the age, gender and the presence or absence of pulmonary or renal diseases. Natriuretic peptide in accessement gradient of heart failure. Determination of natriuretic peptide has represented most probably the greatest progress in diagnosing the heart failure since the introduction of echocardiography into practice. Its high sensitivity and negative predicted value makes it a valid test for excluding congestive heart failure with a very high degree of certainty.


1907 ◽  
Vol 4 (6) ◽  
pp. 253-257 ◽  
Author(s):  
A. C. Seward

The following notes on three fossil plants handed to me by Dr. Hume have been written at the request of Capt. Lyons, Director-General of the Survey Department of Egypt. The material is unfortunately too fragmentary to admit of satisfactory determination; but in view of our ignorance in regard to the former vegetation of Egypt, it is desirable to put on record all available information. Of the three fossils only one is sufficiently well preserved to be referred with any degree of certainty to a genus.


Sign in / Sign up

Export Citation Format

Share Document