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Ξ h I), &I 1_µ -I 9-'঺ ½ oન઩ J:UI 1_µ '1j "And insult not those whom they [the disbelievers] worship besides Allah, lest they insult Allah wrongfully without knowledge" (al-Anaam 108). The example of this principle that al-Bugha and Mistu give is that of selling drugs and intoxicants. There can be a great deal of economic benefit in 1 Al-Boornu, p. 202. 2 Al-Bugha and Mistu, p. 240. 3 Al-Boomu, p. 204. Hadith #32: 'There is not to be Causing of Harm . . . " such transactions. However, because of the equivalent amount of harm they bring about, they are prohibited. 1 (8) "If there is a conflict between factors calling for something and factors prohibiting something, the prohibition takes precedence." This is directly related to the hadith under discussion here. If something is prohibited, it must be the case that there is some harm to it. Therefore, if all other things are equal, the judgment of prohibition will take precedent over permission. (9) "Something harmful is not given precedence just because it was pre-existing." In general, pre-existing matters take precedence. But simply because something was pre-existing does not make it an excuse to cause harm. For example, if someone was living in a house and near him was vacant land and then a house was built upon that vacant land, if he now has a window that looks directly into the private areas of that new house, according to some scholars, most notably the Hanbalis, the window must be removed. In a case of this nature, just because the window was pre-existing does not allow it to continue to exist and be a cause of harm.2 "Malik also recorded it. . . " Imam Malik Malik ibn Anas ibn Malik ibn Abu Amr al-Asbaahi was born around the year 93 A.H. He was the great grandson of a Companion of the Prophet (peace be upon him). Malik is considered the "founder" of one of the four well­ known schools of fiqh. In addition to being a great jurist, he was also a great scholar of hadith. Imam Malik is known for not traveling in search of knowledge and hadith. This goes against the custom of the scholars of his time. However, Malik had an ample opportunity to meet with many scholars as they would come to visit the city ofMadinah. Furthermore, many of the leading scholars of his time lived in Madinah. Some of his most important teachers included Naafi, the freed slave of ibn Umar, the great scholar of hadith al-Zuhri and the great jurist Rabeeah al-Rai. In his legal reasoning, Imam Malik laid great emphasis on the practices of the people of Madinah. He argued that these had been passed on since the time of the Prophet (peace be upon him) and, in some aspects, were equivalent to the passing on of the hadith of the Prophet (peace be upon him). A number of works have been attributed to him. Most of them are not in existence now and not much is known about them. However, one work that has been passed on throughout the centuries is his compilation of hadith and 1 Al-Bugha and Mistu, p. 240. 2 Al-Bugha and Mistu, p. 241 . Commentary on the Forty Hadith of al-Nawawi statements of earlier scholars, known as al-Muwatta. 1 It is not a "pure hadith" work in the sense that it also contains a large number of reports from other personalities and not just from the Prophet (peace be upon him). But its importance and quality as a collection of hadith should not be underestimated. Malik's students include Imam al-Shafi'ee and Muhammad ibn Hasan al-Shaibaani, the close companion of Abu Hanifah. Both al-Shafi'ee and al­ Shaibaani learned the Muwatta directly from Malik. Malik died in the year 179 A.H. in Madinah.2 Other Points Derived from This Hadith • The implementation of the legal penalties for crimes such as adultery, theft, murder and so forth does not fall under this prohibition of dharar. Although obvious harm comes to the one whose hand is cut off, for example, such harm is sanctioned by the shareeah. It is sanctioned because it is a way of repelling evil and repelling evil takes precedence over bringing about benefits. Furthermore, in reality, such laws have been enacted in order to prevent dharar or harm from occurring. 3 • Harming someone else in response to the harm that another has done is never to be a goal in itself. Justice and equity is a goal but not simply the harming of another. Therefore, for example, if A destroys B's property, then B does not have the right to go and destroy A's property. There is no benefit in that. There is only harm and waste of wealth in such an action. In that kind of case, then, A is required to pay B for his losses. The ruling, though, is different in the case of bodily retribution or the law of retaliation.