Legal culture ✍️ Dr al-Zubair Hamza al-Zubair
“A rule that gives priority to public interest on private interest. »»
It stems from the objectives of Sharia law, which aim to achieve good and repel the evil. If the interest of the individual comes into conflict with the group’s interest, the group’s interest is a priority because it presents a more general and lasting benefit.
The proof is the word of the Almighty:
“And they give themselves preference, even if they live in poverty.” (Al-hashr: 9)
And the prophet, peace and blessings on him, says:
“No harm, no harm” – this is the basis for restricting private interest if it leads to public damage.
Legally:
The law also recognizes this principle, insofar as the public interest is considered to be precedence over private interest in all areas of law – as the laws on expropriation for reasons of public utility or the restriction of individual rights when social or security interest requires.
The legal rule stipulates that:
“A private law is restricted if it comes into conflict with the public interest. »»
The principle is approved by Sharia and law and constitutes one of the pillars of justice and the balance between the rights of individuals and the needs of society.
Dr al-Zubair Hamza al-Zubair
Kingdom of Saudi Arabia
teacher
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