Journal of Islamic Law Research

Journal of Islamic Law Research

Does the “No-Harm” (Lā Ḍarar) rule have authority over negative (non-existent) rulings? (Does the Lā Ḍarar rule establish a ruling?)

Type : Research Article

Author
Abstract
The “La zarar” (no prejudice) rule is one of the most important, and perhaps the most important, rules of Islamic jurisprudence. The question this paper tries to address is whether the “La zarar” rule supersedes situations where no rule exists for the compensation of prejudice. Our purpose is to clarify—on the basis of the evidence of the “La zarar” rule, the verdicts of Islamic jurists, and the exigencies of modern industrial societies—that the said rule establishes a rule, namely, it supersedes situations where no rule exists.
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  • Received 06 April 2009
  • Revise 01 May 2009
  • Accepted 24 May 2009