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May 15, 2026Journal of Anbar University for Law and Political Sciences0 citationsOpen Access

The impact of the maxim 'harm shall be removed' in the Saudi Civil Transactions Law

IAIbrahim Al-Sufyani

Key Points

  • This research aims to examine the significance of the legal maxim 'harm shall be removed' in the context of Saudi Civil Transactions Law and its connections to Islamic jurisprudence.
  • Inductive and analytical approaches were employed to explore legal maxims and regulations.
  • The study analyzed contractual actions within Saudi Civil Transactions Law and its relation to Islamic jurisprudence.
  • The maxim 'harm shall be removed' significantly influences Saudi Civil Transactions Law and emphasizes the removal of both moral and physical harm.
  • Specific harm may be accepted to prevent greater general harm, and intentional harm mandates its removal.
  • Fraud within contracts is affected by the principle that harm must be addressed and rectified.

Abstract

This study used the inductive and analytical methods and aims to highlight the role of legal maxims in general and the maxim "harm shall be removed" specifically in regulating contractual actions, with an emphasis on contractual freedom and its expansion by explaining the legal models related to this from the Saudi Civil Transactions Law and linking it from a foundational perspective to Islamic jurisprudence and its applied jurisprudential branches. The study clarified the most important rules for the removal of harm according to the jurists, the most important of which is that harm cannot be removed by causing similar harm, and that specific harm may be borne to prevent general harm.The study also reached several conclusions, the most prominent of which are: the maxim "harm shall be removed" has a significant impact on the Saudi Civil Transactions Law, as evidenced by several aspects, the most important of which is that the fundamental principle in the system is to consider the removal of harm as much as possible, and that the removal of harm includes moral damages and is not limited to physical harm. Among the important findings of the study is that the exercise of a right that causes harm to others, where the intent of the action is to cause harm, mandates its removal. The impact of the maxim "harm must be removed" also appears in the issue of fraud in contracts, evidenced by several matters

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Cite This Study

Ibrahim Al-Sufyani (2024) studied this question.

synapsesocial.com/papers/6a06b7a1e7dec685947aa586https://doi.org/10.37651/aujlps.2024.152691.1326
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