القواعد المندرجة تحت قاعدة "لا ضرر ولا ضرار" وتطبيقاتها في المسائل الطبية

The Sub-Principles Derived from the Legal Maxim “No Harm and No Harassment” and Their Applications in Medical Issues

Abstract

The science of legal maxims (qawāʿid fiqhiyyah) is among the most important and beneficial disciplines in Islamic law. It is particularly valuable for practitioners in the medical field who are not specialists in Shariah, as it assists them in understanding the legal rulings related to newly emerging medical issues. This research seeks to address contemporary medical problems by applying the subsidiary principles derived from the legal maxim “No harm and no harassment” (lā ḍarar wa lā ḍirār). The study employs both inductive and deductive methodologies. Among the most significant findings is that the maxim “No harm and no harassment” and the principles derived from it are among the most comprehensive and influential legal maxims in Islamic jurisprudence. This is because Shariah rulings are generally concerned either with attaining benefit or preventing harm. The study further concludes that the application of these principles demonstrates the flexibility and tolerance of Islamic law. Moreover, by applying legal maxims to newly emerging medical issues, medical practitioners are better able to distinguish between what is prohibited and what is permissible, thereby gaining clearer insight into their religious responsibilities.