The second general sharia – legal principle: there is no inflicting of harm or repaying one by inflicting harm (Lā darere ve lā dirār)

Abstract

This paper sheds some light on one of the five general principles in sharia: “There is no inflicting of harm or repaying one by inflicting harm”, and the subordinate principles which are subsumed under it. The origin, the point of reference and the meaning of this principle is explained at the beginning with a special mention of the hadith with the same meaning, while the examples of this principle are presented at the end of this paper. Following the explanation of the general principle, the subordinate principles are explained in detail along with examples: One eliminates harm as much as one is able to (Ed-Dareru yudfe’u bi-kadril-imkān), Harm is removed (Ed-Dareru lā yuzālu), Harm is not eliminated with identical harm (Ed-Dareru lā yuzālu bi mislihi), Greater harm is warded off with lesser harm (Ed-Dareru el-eshedu yuzālu bid-darer el-ehaff), Lesser evil and lesser harm is taken (Yuhtaru ehvenesh-sherreyni ev ehaffed-darereyn), When one is confronted with two bad things one endeavours to avoid the greater of the two evils by doing the lesser one (Izā te’āreda mefsedetāni ru’ije e’azamuhuma dareren birtikābi ehaffihima), In an attempt to eliminate general harm individual harm is endured (Yutehammelu ed-darer el-hāss li-def’i darerin ‘āmm), Eliminating harm si more important than acquiring gain (Der’ul’mefāsidi evlā min jelbil-mesālihi). The paper concludes with an emphasis on the well-foundedness of the legal principles in sharia, their importance for the mujtehid and the community, especially when it’s considered that their aim is to make possible the attainment of common good for the individual, as well as for the community.

Citation

Copyright

Article metrics