OSNOVI RAZUMJEVANJA BALANSIRANJA INTERESA I ŠTETA U ISLAMSKOM PRAVU (FIKHUL-MUVAZENAT)
BASICS OF UNDERSTANDING THE BALANCE OF BENEFITS AND HARM IN THE ISLAMIC LAW (FIQH AL-MUWAZANAT)

Summary/Abstract: This study will attempt to clarify the methods of balancing between benefits and harm in the Islamic law. The legal balancing means science that aims to discover and explain the methods and ways through which we can compare between benefits and damages in the most beneficial scientific way, or between interest and damage when they come into collision and try to translate stated theorizing examples into reality. The most important principles or rules underlying Fiqh Al-Muwazanat, ie. legal balancing are: 1- balancing between the benefits in terms of their preferences and neglect, 2- balancing between harms in terms of their mandatory acceptance when they are impossible to avoid, and their neglect or delay, 3- balancing between benefits and harm in terms of defining the rules on which it is required to prefer the harm over the benefit, or to ignore the damage at the cost of benefits. Regarding the legal balancing of benefits and harm, Islam follows the principle of harmonization and reconciliation between benefits whenever possible, and if not, then resorts to overcoming and preference. The subject of studying this type of Islamic law are Sharia regulations and standards, ie. acts of legal addresses which involve worldly and otherworldly interests because Sharia norms are related to these acts and interests. Sharia regulations and standards require just for the realization of human benefit and the removal of harm, as stated by Imam Suyuti who claims that all of God's commands and prohibitions ultimately aim to take into account the interests, and removal of harm is basically a kind of benefit.

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