The legal maxim by Majalla, "There is no injury (damage), and injury may not be met by injury (article 19)" and examples of adoption in Islamic law

The introduction of the thesis provided background on the research topic, scope, objective, method, and significance; after then, Majalla-ı Ahkâm-ı Adliyye and the principles related to his legal maxim, "Injury may not be met by injury (art. 19)" were discussed. The second chapter of the thesis discusses the meaning of the terms in the Arabic version of the 19th article of Majalla, which served as the foundation for the thesis, as well as about the many sorts of injury; and the evidences for the legal maxim in the Qur'an and Sunnah were laid forth. The third chapter examined the examples of adoption of the legal maxim, "Injury may not be met by injury (art. 19)" in Islamic law by centring the fiqh book "al-Ikhtiyar" by al-Mavsilî and based on the places where the matters related to the injury where they appear in the books "al-Hidayah" by Al-Merginani, "al- Mukhtasar" by Al- Quduri, and "al-Mabsut" by Sarahsi under the following topics; trade, pre-emption, lease, division, restriction (hajr), donation, bailment, right of taking water, usurpation (ghasb), divorce (talaq), prophetic biography (sirah), compensation (diyah), and testament. The final chapter concluded that the legal maxim, which serves as the source of our study, was constructed based on the hadith, "Injury may not be met by injury (art. 19)". Furthermore, this hadith, which is acknowledged as one of the tenets of fiqh, calls attention to a circumstance that Muslims should be aware of in all aspects of their life. Because Islam is built on the principles of justice and equilibrium. Concordantly, our religion forbids people from harming one another. Accordingly, the first part of the maxim we studied bans injuring others, but the second part prevents retaliating for injury for injury. Despite this ban, persons who have sustained injury should not injure in order to exact retaliation, but should instead appeal to the competent authorities to have the suffering remedied. Keywords: Islamic Law; Legal Maxim; Majalla, Article 19; Injury; Trade, Donation