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Harm Shall Not Be Inflicted Nor Reciprocated

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by

alia nadieya

on 26 May 2014

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Transcript of Harm Shall Not Be Inflicted Nor Reciprocated

Harm Shall Not Be Inflicted Nor Reciprocated
'La Darara wa la Dirar'

Origins of the Maxim
Application of Maxim
General Meaning of the Maxim
A general maxim - indicates the importance to remove all kind of harm.
This maxim is divided into 2 parts:
Two Categories of Harm
1. The Saying of the Prophet s.a.w
2. The Verse of the Qur'an
1. Intentionally
Harm which is inflicted intentionally in order to cause damage.
1. Harm Shall Not Be Inflicted (la darar)
2. Reciprocated (al-dirar)
Indicates all kinds of harm - it involves individual, society, environment or any other things shall be avoided.
1.
All necessary measures should be taken in order to prevent any kind of harm from happening.
2.
Indicates any harm that is inflicted should not be responded or revenged by inflicting another harm.
1.
This will add to the harm already inflicted and will cause the further harm.
2.
This kind of harm is definitely forbidden and the perpetrator shall bear the consequences of his action.
2. Unintentionally
Harm which is caused unintentionally without any intention to cause harm or damages to others.
The person who obligated, has to pay the damages but by doing so he is not committing a sin as the harm is done unintentionally.
"Harm shall not be inflicted nor reciprocated"
"And make not your own hands contribute to (your) destruction"
(Al-Baqarah:195)
Branches of the Maxim
"Harm must be prevented wherever possible"
1.
"Greater harm must be prevented even at the expenses of the lesser harm"
2.
Harm is put to an end
1.
A harm cannot be put an end to,
by its like
2.
To repel a public damage a private damage
is preferred
3.
When two wrongful acts meet, the remedy of the greater is sought by the doing of the less
4.
The smaller of two harms is chosen
5.
The repelling of mischief is preferred to the acquisition of benefits.
6.
7.
Harm is repelled as far as possible
Leasing an agricultural land
1.
Selling of anything that could tots quickly
2.
The trafic rules and regulation
3.
Full transcript