The Rule of " Avoiding Corruptions Takes Priority over Gaining Benefits" and Its Effects on Islamic Jurisprudence

The rule of “Avoiding Corruptions Takes Priority over Gaining Benefits” is one of the most widely used jurisprudential rules. This rule is one of the branches of the general rule of “prohibition of detriment” (la dharara va la dhirar fi al-Islam). Although this rule has been raised more widely among Sunni Jurisprudents, it has been cited frequently in the books of jurisprudence and principles of jurisprudence of Sunni and Shi‘a scholars. Since the purpose of Sharia regulations is to protect personal and social interests and the rule of “Avoiding Corruptions Takes Priority over Gaining Benefits” is one of the rules relating to interests and corruptions, therefore the relationship between this rule and the theory of ultimate religious purposes for practical regulations (Maqasid al-Sharia) to protect the observance of interests and the avoiding of corruptions can be considered a serious strategy to answer new problems. This article seeks to study the position, content, bases and conditions of the application of the rule of “Avoiding Corruptions Takes Priority over Gaining Benefits” and to clarify its relationship with jurisprudence of ultimate religious purposes for practical regulations (Fiqhal-Maqasid), unspecified interests (Masalih al-Mursalah), blocking the means (Sadd-i Zarayi‘) and related jurisprudential rules. Also, this paper studies the effects of the above rule on the jurisprudential inference in the scope of worship, transactions, rulings and political jurisprudence in Sunni jurisprudence and Imami jurisprudence, and especially in emerging issues. We hope that the scientific and deductive study of this rule can be effective in jurisprudential approximation and the promotion of jurisprudence of ultimate religious purposes for practical regulations (Fiqh al-Maqasid) and strengthen the inferring of religious rules (Ijtihad).