قواعد "رفع الضرر" في الفقه الإسلامي وعلاقتها بفقه الأمر بالمعروف والنهي عن المنكر

الملخص EN

The rules of "prevention of harm" are among the important rules through which the Islamic law (Shari‘ah) preserves the rights of individuals and societies, and through which it takes interests (Masaalih) into account and wards off harms.

The research has shed light on the explication of these rules, and the highlight of the relationship between the rules of prevention of harm and the promotion of virtue and the prohibition of vice, by showing the impact of these rules on the jurisprudence of the promotion of virtue and the prohibition of vice.

The most significant findings of the research include: That the Islamic law came to prevent harm by ordering that it should be precluded before its occurrence, and removed after it has happened, and balancing striking a balance between interests and harms.

And that the promotion of virtue and the prohibition of vice is the appropriate jurisprudence for the executive authority in the state in order to apply the rules of prevention of harm resulting from wrong behavioral actions of individuals or institutions, therefore it is necessary to take into account the legal rules that the pious predecessors followed, and to observe them by setting the necessary measures to prevent the harm before it occurs, and its removal after the occurrence, and striking a balance between interests and harms.