. JI ದ : ; (cont.)

(2) "Harm is to be prevented from appearing as much as possible." If the harm has not yet appeared, it is to be prevented from appearing. If the harm has already appeared, it is to be removed as much as possible. Prevention is better than cure, as some scholars have stated. To keep a harm from even beginning is considered a goal in itself, based on this hadith of the Prophet (peace be upon him). Besides the implicit understanding of this particular hadith, there are other evidences for this fiqh maxim. One of them is the verse in the Quran, / } ,,,._ J;;:J /· b "1 1 1 / "' / _ :;, ,_ "' } b ౓ / b "1 1 :;, ু} / ·1 i '1 / \...!) . ,,. J 0 y if .... - • ,k? - .. \..A J :..u. J ,,.,,. ,.. / .....__,,;,...· ,,.. / (. ,... ,.. j' , ........ ,, J J ,,.,,, ,... .. ' ,JI ' ' / -'- /1:/: .J :"" ..u-- s; .. 1 d Ft) r.b:J I ୀ; .&\ 1 _ _ / ෍ ,,.. ,.. \...:) u.... ,,.. / / / "And prepare for them all you can of power, including steeds of war, to threaten the enemy of Allah and your enemy, and others besides whom you may not know but whom Allah does know" (al-Anfaal 60). The purpose of this preparation is to put fear in the hearts of those who may think about attacking or harming the Muslims. This preparation in itself is sometimes sufficient to prevent that harm and evil. 3 (3) "Harm is to be removed or put an end to." Whenever harm exists, efforts must be made to bring it to an end. For example, if a person builds something on or near a public roadway that causes harm to the people, then what he built must be removed.4 Also based on this principle is that a person is responsible for what he damages of other people's property or belongings. (4) "Harm is not to be removed by a similar harm." Harm is to be repelled and ended. However, it should not be repelled by bringing about a greater or equivalent harm. If that is the only alternative, then the harm is to be removed only to the extent that its removal does not bring about another greater 1 This example was taken from A. al-Zarqa, p. 1 1 5. Al-Zarqa, pp. 1 14-121, has given numerous examples of the application of this principle. 2 Cf., al-Boornu, p. 1 95. 3 Cf., al-Boomu, p. 1 98. 4 Al-Boomu, p. 201 . Commentary on the Forty Hadith of al-Nawawi or equivalent harm. Based on this principle, for example, a starving person is not allowed to take the food of another person who is also on the verge of starvation. Removing the one person's starvation by causing the other person's starvation is simply removing one harm by another and is not permissible. 1 (S) "A greater harm can be removed by a lesser harm." Sometimes the only way to remove a harm is by causing another harm. However, if that second harm is a lesser harm, then it may be brought about to remove the greater harm. Based on this principle, it is considered permissible for a just Muslim ruler to take wealth from rich Muslims if the money from zakah is not sufficient to meet the needs of the poor Muslims.2 The lesser harm in this case is the taking of rich people's lawful and rightful money. However, the greater harm is the starvation or detriment that comes to the poor by not being able to fulfill their needs properly. Hence, the latter takes precedence. This maxim has two close corollaries: (Sa) "If one has no other options, he should take the lesser of two evils." Based on this principle, it is allowed to open the belly of a deceased pregnant woman if it is felt that the fetus will survive.3 (Sb) "If there is a conflict between two evils, precedence is given to avoiding the evil of greater harm." (6) "The presence of a particular harm is accepted to ward off a general harm." This is based on the same idea that a lesser harm is to be accepted to ward off a greater harm. If an individual or a small minority of the people are adversely affected by something that is needed to prevent harm to all, then society's needs take precedence to their individual needs. An example related to this principle is that the government can force the monopolies or those who have hoarded goods to sell their goods at normal market prices even though the sellers themselves are harmed by that in that they cannot achieve their maximum potential profit. (7) "Preventing evil takes precedence over bringing about some benefit." If an act, for example, brings about an equivalent or similar amount of harm and benefit, then preventing its harm will take precedence over producing its benefit.