قاعدة "الضرر يزال" وتطبيقاتها المعاصرة
Abstract
This research aims to study the method of “Harm must be removed”, as well as the
application of this method in the current situation. This method is taken from Hadith of
the Prophet SAW and the sayings of the jurists on jurisprudential problems and adapting
them to new problems that are not found in the Sharia rulings to which the method can
be applied, and the research may be from an introduction and two chapters: the
introduction deals with the basics of the research and in the first chapter the main points
that will be discussed by the writer is about the understanding of the method of “harm
must be removed”, and its evidence from the Holy Quran, the Sunnah of the Prophet
and Ijma’ and its contemporary applications, and the writer also explained the rules
related to the method of “harm must be removed”. In the second chapter, the writer
explained to the applications of the method “harm must be removed” and its breakdown
methods in the present. The results of this study found out that the harm that occurs is
divided into several parts, although the principle in Islamic law is seeking to remove all
types of harm at all times and circumstances. Therefore, in reality it is necessary to
balancing the harm that is to remove the heavy harm while at the same time bear the
light harm, rather than removing the harm completely.
Collections
- BACHELOR (FSL) [290]
Alternative Title
The Method of “Harm Must Be Removed” and Its Application in Contemporary
Kaedah “Kemudaratan Harus Dihilangkan” dan Aplikasi Pada Masa Kini
Kaedah “Kemudaratan Harus Dihilangkan” dan Aplikasi Pada Masa Kini