⚖️ Understanding DARAR: The 🕌 Islamic Concept of Harm§
Definition and Meaning:
The term “Darar” (ضرر) is a legal and ethical concept in Islamic law referring to harm, prejudice, or cruelty. Within the framework of Islamic jurisprudence (fiqh), Darar is multifaceted, allowing various interpretations and applications.
Etymology:
Darar originates from the Arabic root “ض-ر-ر” (Ḍ-R-R), which signifies harm or damage. The term extends across different branches of Islamic teachings, both legal and ethical.
Background and Context:
Islamic law meticulously attends to the prevention of Darar, ensuring that no party experiences unjustified hardship or harm. Several Quranic verses and Hadith address the principle of avoiding harm:
- Quran 2:286: “Allah does not burden a soul beyond what it can bear.”
- Hadith: “There should be neither harming nor reciprocating harm.” (لا ضرر ولا ضرار)
Historical Facts and Dates:
- 8th Century: The formation of foundational principles in Islamic jurisprudence by scholars like Imam Malik.
- 12th Century: Expanded elaboration on Darar in the classical manuals of fiqh particularly among Maliki jurists.
- 20th Century: Modern interpretations see Darar extended within context-sensitive international laws and contemporary issues.
Cultural Differences and Similarities:
- Arab World: Emphasizes Darar in contracting marriage and business transactions, ensuring fairness and prevention of harm.
- South Asian Countries: Focuses significantly on Darar within marriage laws, particularly with respect to polygamy.
- Southeast Asia: Includes the principle of Darar in family laws and the provisioning of welfare in society.
Synonyms and Related Terms:
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Synonyms:
- Harm (ضرر)
- Prejudice (انحياز)
- Injury (إصابة)
- Cruelty (قسوة)
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Antonyms:
- Benefit (منفعة)
- Welfare (رفاهية)
- Aid (عون)
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Related Terms:
- Maqasid al-Sharia (مقاصد الشريعة): Objectives of Islamic Law aimed at the well-being of people.
- Istihsan (استحسان): Juristic preference allowing flexibility in strict legal rulings to prevent harm.
- Maslahah (مصلحة): General welfare or public interest in matters where the Sharia is silent.
Exciting Facts:
- Fasting Exemptions: Schools within Islamic law allow exemptions during fasting if there is a legitimate reason to believe it causes harm, exemplifying the principle of Darar.
- Divorce Grounds: Maliki jurisprudence traditionally consider Darar as adequate grounds for a woman to seek divorce, ensuring her equality and safety.
Quotations from Notable Writers:
- Imam Al-Shafi’i: “Any harm that finds its way to believers should be removed, as enumerated in the principles of Islam.”
- Ibn Qayyim Al-Jawziyya: “Relief and consideration are intertwined in Sharia to guard against darar from manifesting in any hardship.”
Suggested Literature and Other Sources:
- “The Objectives of Islamic Law: The Prominent Scholars” by Aisha Bint-Siraj.
- “Principles of Islamic Jurisprudence: A Comparative Study” by Ahmad Ibn Zaky.
- “Fiqh on Marriage and Divorce: Elucidation on Maliki Jurisprudence” by Khalid Al-Hadad.
- “Safeguarding Against Harm: Islamic Legal Texts and Context” edited by Mariam Al-Sha’ar.
Additional Translations of Darar:§
- Persian: ضرر (zarar)
- Urdu: ضرر (zarar)
- Bengali: ক্ষতি (kshti)
- Indonesian: Berbahaya
- Turkish: Zarar
- Hindi: नकारात्मक प्रभाव (nakaratmak prabhav)
Farewell, Reflect on the essence of safeguarding against harm with the spirit of Islamic teachings guiding fairness and equity in life.
Warm Regards, Amina Al-Fahad (2023-10-03)
