دراسۃ فقھیۃ تطبیقیۃ لقاعدۃ لاضرر و لا ضرار

Abstract

Legal maxims occupy a distinct position in the Fiqh literature. In fact
these are the exponents of the real nature, purposes and objectives of
the Shari’ah. These maxims which are generally expressed in precise
words are derived by the jurists after the extensive reading of Fiqh
literature. Muslim jurists have classified the legal maxims which are
various in numbers into different classes and have singled out five of
these as major legal maxims. The scope of these five maxims is very
broad and they apply almost to the every chapter of fiqh. The study of
these maxims not only develops the juristic skill in the reader but also
the similar scattered juristic cases may be combined under these
maxims. This study is an attempt at explaining one of these maxims La
Darar wa Lā Dirār (No incipient or retaliatory harm). The study begins
with the source of this maxims and brief explanation followed by its
applications in different chapters of fiqh. Sub-maxims derived from
this maxim are mainly focused, where meaning, sources and their
relation to the main maxims is discussed. The issues came under these
maxims are also referred to.