18) Hanafi Fiqh Principles
The Ruling of Daf`e Mudharrat wa Jalb-e-Manfa`at (Avoid Harm And Attract Benefit)
That benefit which is worthy of consideration is the one which overshadows the harm and similarly that harm is considered which overshadows the benefit. The benefits of the hereafter are more significant than those of this world. The same applies to the harms.
The Ruling Regarding Choosing Between Ahwanud Dararain (The Lesser Of The Harms)
This ruling is logical that when one is faced with two harmful things, where the one is of greater intensity than the other, one will opt for the lesser of the two harms. For example, a father punishes his child for some wrong committed by him. Now this hiding is a type of harm for the child, but the wrong which the child committed is an even worse harm. So to save the child from committing this wrong again the option of punishment was adopted by the father. If the child persists in his evil ways, then he may fall into very serious harm later in life, so to save him from this, the father’s hiding, which is the lesser of the two harms is better.
The Difference Between No Benefit And Harm
Harm is one thing and non-benefit is another. Understand this by the following example, say you have a R100 note in your pocket, and someone snatches it away from you, this will result in a harm for you. Alternatively if you wished to give this note, but someone prevented you from doing this, then there will be no harm in it for you, it will just be unbeneficial. [Tarteebus saalik, page 19]
[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Thaanwi rahmatullaahi 'alaih]
» Posted by Seifeddine-M on 9th January 2012
0 Comments
|
