قاعدة لا ضرر و لا ضرار في كتب النوازل : في الفقه المالكي

الملخص EN

Calamities and jurisprudential rules are closely related, since these rules form juristic balance that weighs the jurisprudential calamity.

One of those rules states that "damage must be removed" which is one of the five major rules.

In the Maliki's books of calamities, there are many applications on this rule.

The present study extracts some of these applications and highlights the fact that the authors of calamity books were keen on referring to these rules in their fatwas (legal opinions) and observing cases of necessity to remove the embarrassment from the enquiring person.

This research paper provides the linguistic and Sharia-based technical definitions of calamities, and rules particularly the rule of "damage must be removed".

It introduces this rule as one of the five major rules.

It underlines its great importance in demonstrating that Sharia aims at facilitating and easing people's lives and in protecting the adult person as well as others through imposing the rule of doing no harm to themselves or to others.

This basic rule incorporates numerous rules and many other jurisprudential issues as well.