1. QAWAID FIQHIYYAH
MAXIM 4 :“AL – DHARAR YUZAL”
Nur Elina Aini Bt Muhamad
Tengku Nuraisyah Safiyah Jumat
Azira Shareena Bt Amat
Natasha Amirah Bt Nordin
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2. INTRODUCTION OF
MAXIM 4
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3. Al-Dharar Yuzal
Damage is put an end to or the harm must be
removed
 all kinds of injury must be removed and
eliminated
 „dharar‟  include all kinds of harm whether
involve of individual, society or environment
 harm that occurred must be remove  doing any
precautionary measures which implemented by
principle of sadd az-zarai‟
 it‟s mean the prevention is better than cure
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4. Cont‟d- Categories
 2 categories of „dharar‟:
i. inflicted intentionally
- definitely prohibited and person who involve
must bear the consequences of his action
ii. caused unintentionally
- doing without any intention to cause harm or
damage to others
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5. Cont‟d- Evidences
 prohibition of causing harm proved in Al-Quran:
“…make not your own hands contribute to (your)
destruction, but do good, for Allah Love those who
do good…”, (Al-Baqarah:195)
 Hadith:
“there must be neither harm nor the imposition
of harm”
(by Sunan al-Daraqutni)
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6. Cont‟d-Related Maxims
 Necessity renders prohibited things permissible (Art
21)
 the application are numerous, include exemption
from legal duties, minority, duress, forgetfulness
 Harm (dharar) is not eliminated by another harm
(Art 25)
 we cannot avoid harm by doing another harm
 the repelling of evil is preferred to the acquisition of
benefits (Art 30)
 if there a conflict between warding off an evil and
securing benefit, the former is given preference over
the latter 6

7. Branch of
maxim 4 that we
choose and the
issues related
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8. 1) BRANCH MAXIM 4: DHARAR IS MEASURED IN
ACCORDANCE WITH ITS TRUE PROPORTION
(ART 22)
 Known as al-daruratu tuqdaru bi-qadriha (Art 22).
 Dharar is an exceptional circumstance, therefore, should be given a
restricted interpretation.
 What is deemed necessary in the case of dharar should be allowed
to the extent required for resolving the harm.
 Also related on the subject of necessity (dharurah).
 Necessity is measured in accordance with its true proportion.
 For example  If the court orders the sale of assets of a negligent
debtor to pay his creditors, it must begin with the sale of his
moveable goods if this would suffice to clear the debt before
selling his real property.
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9. Issue: Working At Riba-Based Bank
IS IT PERMISSIBLE
FOR A MUSLIM TO
WORK IN A
CONVENTIONAL
BANK THAT DEALS
WITH THE RIBA?
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10. Issue: Working At Riba-Based Bank
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11. Opinion Scholars Regarding This Issue (PROHIBITED)
1) Monzer Kahf
• Any job that requires a Muslim to make a contract of Riba or making negotiation
to customer on behalf of the bank and other jobs related directly in making Riba-
based contract such as deposit and financing in riba-based bank is prohibited.
• Prophet once said “Those who involve in consuming riba or writing it down or
witnessing it or helping those who do that is cursed”.
• Riba is dharar (harm) and it is clearly prohibited by Allah in the Quran, it shows
that riba may bring harm or negative effect to the giver and receiver.
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12. Cont’d
2) Sheikh Muhammad al-Munajjid
 Major scholars have issued fatwas stating that working in riba-based banks is Haram,
even if the job does not deal with riba as such guards, cleaners, maintenance and etc.
 In Fatwa al-Lajnah al-Daa‟imah (15/41); “It is not permissible for a Muslim to work in a
bank that deals with riba, even if the work that the Muslim does has nothing to do with
riba, because he is giving the employees who do work with riba with what they need
because it is helping them to engage in riba-based transactions in one way or another.
Helping them in that manner is cooperating in sin and transgression”.
 Allah also has forbid in Surah al-Maidah: 2, “but do not help one another in sin and
transgression”.
 Based on Art 22, Muslim can removed or eliminate the harm stage by stage (not once at
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all) and based on his effort.

13. Opinion Scholars Regarding This Issue
(PERMISSIBLE)
1) Abdus-Sattar Fathallah As-Sa’eed
 The economy is usually associated with riba and if he is
obliged to work in this field, then there is nothing wrong
or being excused for doing so.
 However, he must ask forgiveness from Allah while
striving hard to find another job.
 ad-dararu yudfa’u bi-qadr al-imkaan (harm is
eliminated to the extent that is possible) -
“Muslims must try their very best to find other
jobs that does not involve with riba”

14. Cont’d
Art 22- Dharar is measured in accordance with its true
proportion
 what is deemed necessary in the case of dharar should be
allowed to the extent required for resolving the harm
 Meaning- if there is alternative to remove or reduce the
harm, we should take those opportunities.
 Can also be used in case of darurah (necessity)
 1970‟s Islamic Banking was not yet introduced in
Malaysia
 Muslims is allowed to work in conventional bank
which involve the element of riba since there is no
alternative to work in banking sector.

15. Cont’d
 Art 21- Necessity makes the unlawful lawful
 Anything that can harm individual due to the
restriction are permissible in the case of darurah.
 For example, in the case of difficulty to find
another job which it may give effect on his
earning living.
 He is allowed to work, provided that his intention
working there is to survive, not for seeking
leisure and wealth.
 However, he must repent and ask forgive from
Allah

16. 2) BRANCH MAXIM 4: HARM CANNOT BE
ELIMINATED BY IT’S LIKE
 Harm must be eliminated (Al-Dharar Yuzal) which indicates
the importance to remove all kind of harm.
 This branch maxim explain that any harm happen will not be
solve by replace with another harm which the sure of the harm
will be removed
 All necessary measures should be taken to remove the harm as
well as to lessen its destructive implications wherever possible
 Example: “A private injury is tolerated in order to ward
off the public injury” (Art 26)
Its means to repel a public damage, private damage is preferred or
warding off public (majority) injury is given preference over personel
(minority) injury (Mahyuddin Khalid, 2011)

17. Issue on the Establishment of
Sekolah Harapan for Unwanted
Pregnancy Teenager in Malaysia

18. Introduction about Sekolah Harapan
 Located in Jasin, Malacca
 The idea to set up the school was from Datuk Seri
Mohd Ali Rustam
 As means for “pregnant teenager”
 The school provides:
Maternity and delivery care
Accommodation facilities
Free education
 The main factor of setting up the school is to:
Reduce/ eliminate the case of baby dumpling
To reduce the case of zina among teenagers among
Muslims

19. The Arguments on the Issue of
Sekolah Harapan
 Some scholars argue about the existence of such school will
only encourage Muslim‟s teenagers to do zina.
 It is not the wise solution to eliminate the case of baby
dumpling as well as zina
 The scholars arguments were relied on the punishment of zina
in the Qur‟an;
Allah (SWT) has prescribed Hudud punishment for adultery.
o According to the Qur'an, the punishment is Flogging with a
100 stripes (both for men and women) [24:2]. The punishment
for „faahishah‟ which means gross indecency (e.g. stripping
naked or 'being lewd' in public)

20. Cont’d
 According to the Ibrahim b. Syed (2012), Islam considers
Zina as a major sin, an indecent act, and an evil path.
Therefore, protecting society from Zina is an evident aim of
Islam
 the punishment system in Islam has concerns that Muslims
need to be aware of which is concern on the three aspect of
any crime which are the criminal (the one who do the
crime), the society (where the crime took place) and the
victim (the one who was subject to the criminal act)
The objectives of punishment are:
To criminals, punishment is kaffara (purification) and
reforming for the re-acceptance into the society.
To society, punishment is a preventive method to save the
society from crimes.
To victims, punishment is a mean of retribution.

21. Cont’d
 Punishments were created to protect and secure the ultimate five
elements of maqasid Shariah for the people‟s interests (al-
dharuriyat; necessities) which are;
 Al-deen (belief)
 An-Nafs (life)
 Al-aqil’ (intellect)
 Al-mal (wealth)
 An-nasil (family and lineage)
 However, in many disputes on the establishment of Sekolah
Harapan, Datuk Abdul Rahman Abdul Karim offended that the
school as a practical strategy to combat the rising numbers of
abandoned infants which we often heard about the case of baby-
dumped dead

22. Cont’d
 Nevertheless, a pregnant school is not the best solution to social illness that
increasingly rampant nowadays.
 Because of that reasons Islam set down a severe punishment for an adulterer to
flogging a hundred times and set aside for those who are not married and
stoned for those who were married, as some of the following propositions:
1. "The woman and the man who committed adultery, then whack each one of
them with a hundred times stripes: Let no sympathy to both prevent you to
(only) Allah, if ye believe in Allah and the Last Day, and shall
(implementation) of their punishment be witnessed by a group of people who
believe. "(Surah An Nur: 2)
2. From Abu Hurairah reported that Allah's Messenger gave the punishment
to those who commit adultery (not married) with sentence removed
(isolated) a year and shot a hundred times"(Narrated Bukhari).

23. Fiqh Maxim : “Harm Cannot be
Eliminated by It’s Like”
 The establishment of Sekolah Harapannot the wise solution to
overcome the social illness among the teenagers as it is will only
encouraging more activity of zina among the teenagers and even
produce more children out of wedlock.
 In the Surah Al-Isra‟ 17:32, revealed that;
„And do not approach adultery, fornication truly is an
abomination and an evil way (that leads to damage)
 Meanwhile, Chief Minister, Datuk Seri Mohd Ali Rustam
encourages marriage among teens, “For parents who are not able
to control their children, they should be allowed to marry instead
of committing zina (The Star Online, 2010)
 Therefore, it is necessary to eliminate or prevent harm to avoid the
lesser harm that can lead to the greater hardship in our life in the
world as well in the Hereafter.

24. EXAMPLES OF ARTICLE
SEKOLAH HARAPAN
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26. CONCLUSION
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27. Conclusion
 The word harm in this maxim is general and it includes all kinds of harm.
All necessary measures should be taken to remove the harm
 In the case of someone who work at riba-based bank thus the rule of
darurah could be applied here as Allah has mentioned in the Qur‟an in
surah Al-An’am verse 145, "If a person is forced he does not want it and
do not (yet) exceeds the limit, then surely your Lord is Forgiving,
Merciful.“
 The scholars highlighted that those in authority should interfere and
prevent such harmful acts.
 In the case of the issue on the establishment of Sekolah Harapan in
Melaka, we could say that the establishment of Sekolah Harapan is not
relevant to be applied as solutions to solve the problems of social illness
like zina as well as baby dumpling. It will only give bad impact and greater
harm to the society.
 Therefore, it is necessary for us as Muslims to eliminate or prevent harm to
avoid the lesser harm will lead to the bigger hardship in our life in the
world as well as in the Hereafter.

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