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

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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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