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The maxims concerning the minimization of harms become relevant only when the complete elimination of harms turns to be impossible. When the complete elimination of harms becomes impossible, priority should be given to the elimination of the greater harms first.[1] Al-Qarāfī asserted that ummah agreed...

When people commit mistakes intentionally or accidently, the right course of action is to correct them, which is the objective of this maxim. The main objective of criminal law is to solidify the code of ethics and morality in society and to counter impermissible and devious attitudes which can stem...

In the light of texts from the Quran and Prophetic tradition, the earlier jurists paid considerable attention to the aspect of prevention of harm and extracted many rulings and fatāwā to realize it. Several legal rules ensure the prevention of harms before their occurrence, for example, the right of...

What is Harm (ḍarar)? By the survey of traditional texts of the four sunnī madhāhib, we can find many cases in which jurists analysed the definitions of harm (ḍarar).[1] Among many, the major indications of ḍarar could be summarised as opposite of benefit[2], infliction of harm on others[3] and infringement...