قاعدہ "درأُالمفسَدۃ مُقدّمٌ علیٰ جَلب المصلَحۃِ" کا تحقیقی وتطبیقی مطالعہ

A research and applied study of the Jurisprudential rule " Warding off evil takes precedence over bringing benefits”

Abstract

Two of the purposes of Shariat are to achieve good and to avoid evil. But if there is ever a conflict between attaining good and avoiding evil, i.e. either it is possible to achieve good or it is possible to avoid evil, both are not possible together, then who will get the priority? In this rule, it is stated that the prevention of corruption will have priority over the pursuit of expediency. This rule is one of the members of the Shari'ah and many texts of the Book and Sunnah are witnesses to it, and this rule is the basis for preventing harmful actions and setting the consequences of financial compensation and punishment. When both good and evil are equal in a matter, in such a case, for the sake of avoiding evil, committing this matter will be avoided.