The rule of "damage to be removed" and its applications through the fatwas of Shatby

Abstract

The study aims to show that jurisprudence is a science like other sciences of Islamic law. Rather, it is an inexhaustible knowledge. Going deeper into it allows the scholar who strives to derive rulings that are compatible with each era and that are renewed in time and space. The study also aims to show Al-Shatibi’s efforts in issuing fatwas. Despite its reliance on text from the Qur’an and Sunnah, And his adherence to the well-known saying of Malik’s school of thought, except that this did not prevent him from making ijtihad based on consideration, reasoning, and guidance in what he finds no text in. Not a saying of any of the jurists. In his fatwas, he relied on the purposes of Islamic Sharia, which are based on bringing interests, warding off evil, and eliminating harm that may befall the questioner. His approach was based on the consideration of partial evidence without neglecting the jurisprudence rules based on the establishment of people's worldly and hereafter interests.