االطاقت اعمرص اور اطمہعل یقیقحت اک" ه بطل رحم فعله رحم ام " ہیہقف ا

Abstract

The legal maxims of Islamic jurisprudence (Al-Qawa'id al-Fiqhiyyah) serve as foundational pillars that
encapsulate comprehensive legal rulings into concise principles, ensuring the adaptability of Sharia
across changing eras. Among these, the maxim "Ma Hurima Fi'luhu Hurima Talabuhu" (What is
Forbidden to Do is Forbidden to Seek) plays a pivotal role in preventing moral degradation and systemic
harm by cutting off the pathways to sin. This research presents a comprehensive qualitative study of this
maxim, analyzing its conceptual framework, textual proofs (Adillah) from the Quran and Sunnah, and its
roots in the fundamental principle of Sadd al-Dhara'i (blocking the means to evil). Utilizing an analytical
and deductive methodology, this paper explores the correlation between prohibited actions and the
prohibition of their demand, facilitation, or incitement. Furthermore, the study investigates the
contemporary applications of this maxim in modern financial transactions, digital media contracts, and
corporate ethics, demonstrating how Islamic law proactively addresses sophisticated modern vices. The
findings reveal that the prohibition of "seeking" is an essential defensive shield that preserves societal
integrity and ensures that individual intent aligns with the higher objectives of Sharia (Maqasid alShariah). The study concludes that understanding this maxim is indispensable for contemporary jurists
(Muftis) and scholars to formulate contextual legal rulings (Fatwas) regarding emerging modern
complexities.