Comparative Analysis of The Sadd ul Dharai with Fath ul Dharai, Heela (Legal Fiction) and Rule of Prohibition of Means

Sajida Faraz; Dr Hafiz Mohsin Zia Qazi; Naila Rafique; Dr. Bibi Alya; Faiza Iqbal

Comparative Analysis of The Sadd ul Dharai with Fath ul Dharai, Heela (Legal Fiction) and Rule of Prohibition of Means

Authors

Sajida Faraz Ph.D. Scholar, IIU, Islamabad, Lecturer Law , Women University, Swabi
Dr Hafiz Mohsin Zia Qazi Associate Professor, Director Institute of Islamic Studies and Shariah, Muslim Youth Univerity Islamabad
Naila Rafique LLM General, Lecturer Law,Women University, Swabi
Dr. Bibi Alya Lecturer, Center for Arabic & Islamic Studies, Women University, Swabi
Faiza Iqbal Lecturer, Arabic & Islamic Studies Women University, Swabi

Keywords:

Sadd al Dharai, Good, Evil, Intention, Blocking, Legal Fiction, Consensus, Shariah

Abstract

The second principle is the blocking of the means, which occurs in one of two situations. The first situation is when a lawful means is expected to lead to an unlawful (or harmful) result. The second situation is when a lawful means, which normally leads to a lawful result, is used to procure an unlawful end. In these cases, the means itself become unlawful. Dharai is the plural of dharai, which signify means Sadd means to block. The concept of Sadd ul Dharai is founded on the idea of prevention of evil before it materializes. Sadd al Dharai always stresses anything that is evil or which opens the floodgate to evil. So, in this view where an example of prohibition from insulting idol worshipers means that they would insult Allah as a result.

Comparative Analysis of The Sadd ul Dharai with Fath ul Dharai, Heela (Legal Fiction) and Rule of Prohibition of Means