فقہ اسلامی میں ضرر اور اس کا اطلاق: تجزیاتی مطالعہ

“Zarar” and its Application in Islamic Jurisprudence: An Analytical Study

Abstract

In Islamic jurisprudence, the concept of "harm" (damage or harmful thing) is an important principle used to decide various issues and rulings in Shari'ah. This principle is based on the principle that in Islam any harmful action or thing should be stopped. This principle is applied in various situations such as in any action or decision harming other human beings is prohibited. For example, cheating in trade or misappropriating one's property. Actions that cause harm to the rights of Allah, such as denying the obligation of prayer or not paying zakat. The need for justice in economic and commercial matters. so that no party is harmed. For example, borrowing and lending usurious loans, in which one party is harmed. In matters of marriage, divorce, and inheritance, stipulating conditions which do not harm either party. It is expected that the punishment should be fair and no one should be harmed for no reason. The jurists have made the principle of "la haraz wal zarar" (do no harm and suffer no harm) as the basis for solving various problems. This principle also applies in cases where there is no clear Shariah ruling and the solution to the problem must be based on justice and equity. Harmful. Avoiding factors that harm the environment, such as air pollution or illegal deforestation. Determining teaching materials and methods that are not harmful to the mental and physical health of students. Such decisions in courts. To do things which are based on justice to the parties and do not harm anyone unnecessarily. The application of the principle of harm in Islamic jurisprudence promotes a comprehensive and moderate system which is suitable for the welfare of humanity.