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The impact of the maxim 'harm shall be removed' in the Saudi Civil Transactions Law | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 14, Issue: 2 part 1, September 2024, Pages 1-29 PDF (746.95 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.152691.1326 | ||
| Author | ||
| Ibrahim bin Ali Al-Sufyani* | ||
| the Department of Sharia at Tabuk University | ||
| Abstract | ||
| This study used the inductive and analytical methods and aims to highlight the role of legal maxims in general and the maxim "harm shall be removed" specifically in regulating contractual actions, with an emphasis on contractual freedom and its expansion by explaining the legal models related to this from the Saudi Civil Transactions Law and linking it from a foundational perspective to Islamic jurisprudence and its applied jurisprudential branches. The study clarified the most important rules for the removal of harm according to the jurists, the most important of which is that harm cannot be removed by causing similar harm, and that specific harm may be borne to prevent general harm. The study also reached several conclusions, the most prominent of which are: the maxim "harm shall be removed" has a significant impact on the Saudi Civil Transactions Law, as evidenced by several aspects, the most important of which is that the fundamental principle in the system is to consider the removal of harm as much as possible, and that the removal of harm includes moral damages and is not limited to physical harm. Among the important findings of the study is that the exercise of a right that causes harm to others, where the intent of the action is to cause harm, mandates its removal. The impact of the maxim "harm must be removed" also appears in the issue of fraud in contracts, evidenced by several matters | ||
| Keywords | ||
| Harm; Civil transactions; jurisprudential rules; Law | ||
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