The Rule "to Ward off the Public Spoiler by Committing a Special Spoiler: Study of Fundamentalist Application

Research objectives: To highlight one of the forms of paying public harm by committing private, and the emergence of fundamentalist and jurisprudential strictness through the study of the rule, a study that reveals its meanings, defines its terms, and shows its overall meaning, with an indication of its importance and impact on Islamic jurisprudence, and what it offers to fundamentalists and jurists of solutions to a number of calamities. And then defining the controls for its implementation, discussing the points of view on this issue, and giving examples from the applications of the rule in the branches of Islamic jurisprudence.
    Research method: It is the inductive and analytical approach based on clarifying the vocabulary of the rule and its overall meaning, then determining the controls for its implementation, indicating its importance and impact in Islamic jurisprudence, and extrapolating its texts and formulas to the fundamentalists and jurists, with an extrapolation of its applications to the jurists.
       The most important findings and recommendations: It emerged from the results of this research: that the most important principles of Sharia is to consider the interests of people and to ward off evils from them, and that the Prophetic Sunnah is one of the main sources for the formation of the fundamentalist rule, and the concept of the rule: is that when two harms or two spoilers conflict: one of them is specific to an individual, group, or sect, The other is a general harm to the Muslim community, and one must commit one of them to ward off the other harm, so he commits the lesser harm, which is the specific harm, and does not commit the most severe harm, which is the general harm, and its expressions, although they differ in consistency and style, but they are consistent in meaning and significance, and the stable phrase for most fundamentalists. It is the general and comprehensive expression: “preventing public corruption by committing private corruption.” And confining this rule to the chapters of transactions does not prejudice its totality, and working with it requires observing the controls referred to for its implementation, and it is one of the fundamental rules whose text is accompanied and its expressions are circulated among the people of fatwa when they search for solutions and jurisprudence Some of the new problems and emerging issues.
The most important recommendations: the work of an encyclopedia of fundamentalist rules that includes applied studies, and the need to link between the purposes of Sharia and the branches of Islamic jurisprudence.