The Rules Of Balancing And Weighing And Their Applications In The Saudi Criminal Procedure Law In Light Of The Objectives Of Islamic Law

Abstract

This paper examines the doctrinal principle in Islamic jurisprudence—(the principle of averting harm takes precedence over attaining benefit)—and explores its practical application within the Saudi Criminal Procedure Code. Grounded in prophetic guidance and scholarly consensus, the principle asserts that if harms outweigh or equal benefits, priority must be given to preventing damage. The analysis looks at the written and theoretical bases from hadith and Qurʾānic sources, the views of legal scholars, and how it is applied in key procedural articles, showing how the Code balances personal rights and the public good according to the goals of Islamic law (مقاصد الشريعة). The study consists of an introduction, three sections, a conclusion, and recommendations for further studies. The three sections are the main part of the study, in which section one bears the title The principle of preventing harm takes priority over attracting benefits and its applications in the Criminal Procedure Code, whereas the second deals with the principle of public interest taking precedence over private interest and its applications in the Criminal Procedure Code. The third one is about the rule of prioritizing the prevention of consensual harm over the prevention of disputed harm and its applications in the Criminal Procedure Code.