My OperaRemoving Harm
By غرباء stranger garibmuhacir. Saturday, March 24, 2012 12:06:19 PM
Removing Harm
بسم اللہ الرحمن الرحیم
It was related on the authority of Abu Sa'id Sa'd bin Malik bin Sinan al-Khudri, radiyallahu 'anhu, that the Messenger of ALLAH, sallallahu 'alayhi wasallam, said:
"There should be neither harming nor reciprocating harm."
[Ibn Majah, Al-Daraqutni and others related as of sound isnad]
Imam Abu Dawud stated that this hadith is one of the hadiths around which all of fiqh revolves. Furthermore, this hadith leads to the birth of new branches in fiqh, mainly fiqh maxims (qaw'ed fiqhiyyah) and rules. The text of this hadith becomes one of the most important maxims. Later on other maxims were derived from the text of this hadith. Some of them are as follows:
1. Harm is to be prevented from appearing as much as possible.
2. Harm is to be eradicated.
3. Harm is not to be removed by a similar harm.
4. A greater harm can be removed by a lesser harm.
Based on maxim number 4, it was realised that if someone has no other options, he should take the lesser of the two harms. Another situation is that if there is a conflict between two harms, precedence is given to avoiding the greater harm.
5. The presence of a particular harm is accepted towards a general harm.
6. Preventing harm takes precedence over gaining or attaining benefits.
7. If there is a conflict between factors permitting something and others prohibiting something, the prohibition takes precedence; that is, it is going to be given the priority.
8. Something harmful is not given precedence just because it was pre-existing. In other words, the pre-existence of something does not allow it to continue to exist and be the cause of harm.
In short it can be said that any act that causes harm to others, whether individually or as a community and whether it is beneficial or not beneficial to the one who causes it, is prohibited in Islam. It should not exist in the first place and if it did, then a deliberate effort should be made to remove or minimize it. The scholars point out that those in authority should interfere and prevent such harmful acts.
http://fortyhadith.iiu.edu.my/hadith32.htm
It is narrated on the authority of Abu Hurayra (may ALLAH be pleased with him) that the Messenger of ALLAH sallallahu 'alayhi wa salam said:
"When a man walk in a street, finds a thorny branch on the path, puts it aside, thanks ALLAH for it, He will forgive him." [Muslim: 4940]
“Emaan has sixty odd or seventy odd branches. The uppermost of all these is the Testimony of Faith: `La ilaha illallah’ (there is no true god except ALLAH) while the least of them is the removal of harmful object from the road. And shyness is a branch of Emaan.” [Al-Bukhari and Muslim]
The Prophet Muhammad (peace be upon him) said: "Charity is prescribed for each descendant of Adam every day the sun rises." He was then asked: "From what do we give charity every day?" The Prophet answered: "The doors of goodness are many...enjoining good, forbidding evil, removing harm from the road, listening to the deaf, leading the blind, guiding one to the object of his need, hurrying with the strength of one's legs to one in sorrow who is asking for help, and supporting the feeble with the strength of one's arms--all of these are charity prescribed for you." He also said: "Your smile for your brother is charity." - Fiqh-us-Sunnah, Volume 3, Number 98
