The impact of the harm rule on the standards of arbitrariness, an applied fundamental study

Abstract

This research aims to clarify an important matter, which is the impact of the universal jurisprudential rule “harm is eliminated” on the standards of the theory of arbitrariness and whether the rule has an impact on the ruling therein, because the jurisprudential rules are universal principles and principles, and include general legislative provisions in the branches that fall under their subject. The purpose of Sharia law through these rules is to regulate morality. To control their conditions and improve their lives, and among these rules is the rule of “harm is removed.” This study came to answer the following question: What is the effect of the tort still rule on arbitrariness standards? The study focused on a number of branches of jurisprudence that affected the rule of harm being removed, and showed the mechanism for removing harm when it is achieved, In the research, I relied on the inductive and descriptive approach, and one of the most important results that the study reached was: This great rule highlights its importance in that it is included in many chapters of jurisprudence by preventing actual or expected harm, and that the rule has a strong impact in some applications. Jurisprudence, where the study showed the dividing line and control over what is arbitrary and what is not considered arbitrary.