سد الذرائع ودوره في الوقاية من الجريمة

Abstract

The origin of the sadduz zarai’ is from one of the noble principles of Islamic law, which has influence in the chapter of Ijtihad, as it is from a sacred principle that can prevent harm, and this is one of the methods of prevention arranged so that humankind does not fall into the forbidden by sharia. The scholars of Usul fuqaha and scholars have agreed that the laws of Maqasid, and the way that can lead to an unlawful event then it is unlawful, unless there is no prohibition of Islamic law to follow a prohibited method as long as the main maslahat ceases, then sadduz zarai’ "is the permissible means that lead to the forbidden ", and it is not forbidden to see a foreign woman if he wants to propose to her, since looking at the woman was originally forbidden, then exceptions were allowed with the nas for the sake of benefit. Sharia scholars have paid great attention to this principle, as most of the scholars pay attention to this including Ibn al-Qayyim, then it has been discussed about the production of sadduz zarai’ causing fell into prohibition. In addition to that crime prevention is demanded for all societies, because stability and peace are necessary for economic prosperity and social growth. Therefore, crime is a direct threat to this stability, and prevention is not a new event in the life of human society. In fact, it has always been in the interest of the state and the government. Thus, the sadduz zarai’ method is one of crime prevention, and the idea was formed to make an analysis for the benefit of this study and its findings.