ہربرٹ بروم کے قانونی قواعد اور مجلّۃ الأحکام العدلیۃ کی روشنی میں’’قاعدہ ازالہ ضرر ‘‘ کی تعبیر و اطلاق کا علمی و تقابلی جائزہ

Explination and implementation of the Legal Maxim concerning “Ubi Jus Ibi” in the light of Broom’s Legal Maxims and the Ottoman Mejelle: An Academic & copmerative Review.

Abstract

Many jurists and legal experts inked and accommodated Legal Maxims in their esteemed works, as it is considerd a distinctive chapter of the Legal literature as well as it’s generally considerd a doorway and conductive to ijtih┐d.

Among these celebrated works “A Selection of Legal Maxims, Classified and Illustrated”  known as Legal Maxims of Herbert Broom, a cambridge graduate and “The Ottomon Mejelle known as Majallat al-A╒k┐m al-‘Adliyyah” got venerable positions in the West and East accordingly. Both works have enlighren Legal Maxims specifically. Among these Maxims a particular as well as fundamental Maxim is related to wrong (damege) and its legitimate remedy.

This study focuses on explianation and implementation of the said Maxim in the light of aforementioned works.