Framework for harm elimination in light of the Islamic legal maxims
Islamic legal maxims (qawāʿʿid fiqhiyyah) provide necessary basis for extracting legal injunctions on the unprecedented cases (fiqh al-nawāzil) and make it possible for the jurists to forego the need of memorizing copious fiqh treatises. In light of this fact, this article attempts to design a f...
Saved in:
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | English English |
| Published: |
Islamic Cultural Centre, London.
2019
|
| Subjects: | |
| Online Access: | http://irep.iium.edu.my/79964/1/79964%20Framework%20for%20Harm%20Elimination.pdf http://irep.iium.edu.my/79964/2/79964%20Framework%20for%20Harm%20Elimination%20SCOPUS.pdf http://irep.iium.edu.my/79964/ http://www.iccuk.org/downloads/IQ_Contents_63-2.pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Institution: | Universiti Islam Antarabangsa Malaysia |
| Language: | English English |
| Summary: | Islamic legal maxims (qawāʿʿid fiqhiyyah) provide necessary basis for
extracting legal injunctions on the unprecedented cases (fiqh al-nawāzil)
and make it possible for the jurists to forego the need of memorizing
copious fiqh treatises. In light of this fact, this article attempts to design a
framework for harm elimination, utilizing the related legal maxims, which
will be arguably of great use in developing an outlook that enables a person
to tackle the many challenges he or she finds in the course of removal of
harm. After explaining the concept and definition of Islamic legal maxims
in general, this research surveys in detail the universal legal maxim “harm
must be eliminated”, covering its role and significance in the theories of
fiqh and its scope and application in contemporary issues. Employing
descriptive, analytical and critical methods, this study categorizes the legal
maxims related to the harm elimination into three: (1) maxims related to
prevention of harm before its occurrence, (2) maxims related to elimination
of harm after it has taken place and (3) maxims related to minimization of
harm if complete removal is impractical. Likewise, this research analyses
the sub-maxims of harm elimination, discussing their legal bases, various
purposes for which they operate, related uṣūlī principles and legal
examples, providing at the end a flowchart that represents a sequence of
five steps useful in the course of removal of harm |
|---|