قاعدة الضرر لا يزال بالضرر : الضوابط و التطبيقات

Abstract EN

The knowledge of jurisprudential rules isone of the great sciences of jurisprudenceand is related to the science of jurisprudenceand its origins.

The rule (the damagedoes not remove by the damage) stillthe basis for preventing harmful action ononeself and others, and working on thisrule requires lifting the damage before andafter it.

And it is considered a restrictionof the rule (damage is removed) and it hasshown that the removal of damage maynot cause damage, such as the first partthat is not removed more damage thanit, as if not found forced to pay starvationonly forced food like it is not allowed toeat.

If the interview is legally recognized, it is permissible, as in the legitimate penaltiesthat are inflicted on the criminals, it isa deterrent and a counterfeiting for themand others.

The issue of removing damagebefore and after it is important in theSharia, because it deals with provisions ofgreat importance and related to the lives ofpeople.

And that his studies lead to judgmentsof great importance and the livesof people.

And that his study lead to theknowledge of the secrets of the law and todemonstrate the flexibility of Islamic jurisprudenceand its ability to keep abreast ofthe times and developments, and to showthe rules of jurisprudence and referencein the contemporary fatwa.

And that thebasis ( the damage does not remove by thedamage ), itis determined that the damage does not removedby the same damage or greater thanit.

The research methodology was basedon reference to the original and modernsources in jurisprudence and the graduationof the Hadiths in the research and thedefinition of the linguistic terms in it.

Theresearch included an introduction in whichthe importance of the science of grammarand that the science benefits and effectsreflected positively in the composition ofthe jurisprudential jurisprudence specialistAnd make it more and wider understandingof the provisions of the Shariah and itspurposes, so this rule of the important rulesto achieve the purposes of legitimacy as itrequires the interest and pay the corrupt inorder to preserve the religion and the mindsand money and the symptoms of people, and it requires the removal of damage beforeit and pay after the Occurrence and removeit is not like him to cause harm to orgreater than that requirement in this rule isthat the damage is still without damage toothers.

The research contains three topics, a conclusion, a summary of the English language, margins and sources that were consultedfor the preparation of the research