Assalamualaikum.
Today I want to share about a Legal Maxims – la darara wa la dirar .
Harm Shall Not Be Inflicted Nor Reciprocated (La Darara wa la Dirar)
General Meaning of the Maxim
This maxim is another maxim which governs many rulings of fiqh as it is a general maxim which indicates the importance to remove all kind of harm. This maxim is divided into two parts. The first part which is harm shall not be inflicted (la darar) indicates that all kinds of harm whether it involves individual, society, environment or any other things shall be avoided. The word harm in this maxim is general and it includes all kinds of harm. All necessary measures should be taken in order to prevent any kind of harm from happening. Whereas the second part (al-dirar) indicates that any harm that is inflicted should not be responded or revenged by inflicting another harm as this will add to the harm already inflicted and will cause or incur further harm.
In this
situation, the person upon whom harm is done, shall demand his right through
the due process of law. For example if A damaged the property of B
intentionally, B cannot under any circumstance damage the property of A in
revenge, but he must get the compensation for the damages on his property from
the court of law.
In addition, this maxim also means that it is obligatory for everyone to always strive to prevent harm before its occurrence through implementing precautionary measures. Likewise, it means that if any harm has occurred then all necessary measures should be taken to remove it or to lessen its destructive implication wherever possible.
The scholars have classified harm into two different categories:
1. Harm
which is inflicted intentionally in order to cause damage. This kind of harm is
definitely forbidden and the perpetrator shall bear the consequences of his
action.
2. Harm which is caused unintentionally without any intention to cause harm or damages to others. As an example, if a person burn something within the boundary of his property and suddenly the fire spreads to the neighbouring land and destroys the neighbour’s property. In this case the person who ignites the fire has to pay the damages but by doing so he is not committing a sin as the harm is done unintentionally.
Origins of the Maxim
The origin of this maxim is the saying of the Prophet (s.a.w) with the similar wording that is:
لا ضـرر ولا ضـرار
“Harm shall not be inflicted nor reciprocated”
Apart from this clear indication on this maxim, there are many verses of the Qur’an and other hadith that indicated the obligation to avoid any kind of harmful actions. One of the verse read:
. وَلَا تُلْقُوا بِأَيْدِيكُمْ إِلَى التَّهْلُكَةِ ۛ
And make not your own hands contribute to (your) destruction
(Al-Baqarah : 195)
Application of This Maxim
Many rulings of fiqh were derived by the jurists based on this maxim.
Among them:
1. If the period of leasing an agricultural land ends before harvesting the crops, the land should remain in the hand of leaseholder with the payment of proportionate rent until the harvesting is completed. This is allowed in Islamic law, so as to avoid harm to the leaseholder for cutting the crops before its appropriate time.
2. If anyone sells anything that could rots quickly, such as fruits, and the buyer disappears before the payment of the price and before receiving the sold items, the seller in this case is allowed to revoke the sale contract and sell the said item to another person, if he fears that the sold item will be spoiled. This is to prevent loss to the seller which will harm his business.
3. Driving recklessly or beyond the stipulated speed limit on the highway which might lead to an accident is prohibited in Islam as it will cause harm to individuals and their property. Similarly a person is obliged to adhere to the traffic rules and regulation in order to prevent harm.
Brances of the Maxim
There are other maxims which are related to this maxim.
Among them:
1. “Harm must be prevented wherever possible”
2. “Greater harm must be prevented even at the expense of the lesser harm”
The first maxim means that all necessary must be taken to prevent any harm from happening. The second maxim indicates that in case there are two evils, the lesser evil can be committed in order to prevent the greater evil from occurring. In other words it is choosing the lesser of two evils or between two harmful things. Other branches of this maxims include:
1. Harm is put to an end.
2. A harm cannot be put an end to, by its like.
3. To repel a public damage a private damage is preferred.
4. When two wrongful acts meet, the remedy of the greater is sought by the doing of the less.
5. The smaller of two harms is chosen.
6. The repelling of mischief is preferred to the acquisition of benefits.
7. Harm is repelled as far as possible.
2. Harm which is caused unintentionally without any intention to cause harm or damages to others. As an example, if a person burn something within the boundary of his property and suddenly the fire spreads to the neighbouring land and destroys the neighbour’s property. In this case the person who ignites the fire has to pay the damages but by doing so he is not committing a sin as the harm is done unintentionally.
Origins of the Maxim
The origin of this maxim is the saying of the Prophet (s.a.w) with the similar wording that is:
لا ضـرر ولا ضـرار
“Harm shall not be inflicted nor reciprocated”
Apart from this clear indication on this maxim, there are many verses of the Qur’an and other hadith that indicated the obligation to avoid any kind of harmful actions. One of the verse read:
. وَلَا تُلْقُوا بِأَيْدِيكُمْ إِلَى التَّهْلُكَةِ ۛ
And make not your own hands contribute to (your) destruction
(Al-Baqarah : 195)
Application of This Maxim
Many rulings of fiqh were derived by the jurists based on this maxim.
Among them:
1. If the period of leasing an agricultural land ends before harvesting the crops, the land should remain in the hand of leaseholder with the payment of proportionate rent until the harvesting is completed. This is allowed in Islamic law, so as to avoid harm to the leaseholder for cutting the crops before its appropriate time.
2. If anyone sells anything that could rots quickly, such as fruits, and the buyer disappears before the payment of the price and before receiving the sold items, the seller in this case is allowed to revoke the sale contract and sell the said item to another person, if he fears that the sold item will be spoiled. This is to prevent loss to the seller which will harm his business.
3. Driving recklessly or beyond the stipulated speed limit on the highway which might lead to an accident is prohibited in Islam as it will cause harm to individuals and their property. Similarly a person is obliged to adhere to the traffic rules and regulation in order to prevent harm.
Brances of the Maxim
There are other maxims which are related to this maxim.
Among them:
1. “Harm must be prevented wherever possible”
2. “Greater harm must be prevented even at the expense of the lesser harm”
The first maxim means that all necessary must be taken to prevent any harm from happening. The second maxim indicates that in case there are two evils, the lesser evil can be committed in order to prevent the greater evil from occurring. In other words it is choosing the lesser of two evils or between two harmful things. Other branches of this maxims include:
1. Harm is put to an end.
2. A harm cannot be put an end to, by its like.
3. To repel a public damage a private damage is preferred.
4. When two wrongful acts meet, the remedy of the greater is sought by the doing of the less.
5. The smaller of two harms is chosen.
6. The repelling of mischief is preferred to the acquisition of benefits.
7. Harm is repelled as far as possible.
