القواعد الفقهية المتعلقة برفع الضرر في الشريعة وتطبيقاتها الفقهية: على البيوع نموذجا

This research aims to clarify the jurisprudence rules related to removing harm and hardship in the transaction of sales, and what highlights its importance is what happens in the markets, types of fraud for goods and merchandise, where concerns have become to collect money regardless of the halal, or forbidden. To achieve the objectives of the research, the researcher used the method of information induction and the method of comparison with the presentation of the sayings of scholars on the subject. The research was divided into four chapters, the first chapter dealt with the basics of research, then the second chapter dealt with the reality of jurisprudence rules, in terms of their authenticity, origin, types and importance. Then, in the third chapter, dealt with the concept of harm and hardship in terms of the authority that it raised from the Qur’an and Sunnah. Then, in the fourth chapter, which is the last, dealt with the sale in terms of its reality, its authority, its pillars, its conditions, the types of what is forbidden, and the applications of the rule of repelling harm. In this research, the researcher reached several valuable results, including: the jurisprudence rules are of great importance, a lofty position, and a high position in knowledge of all new facts and accidents, so the jurist, judge, and mufti need them in great need. Finally, the researcher recommended several recommendations, including: Paying attention to the education of people in the Department of Financial Transactions and imposing its study on university academic disciplines in every Muslim country, in order to overcome the phenomenon of betrayal, fraud and deception in sales, which has spread a lot in people’s transactions today in their markets