⚖️ Understanding DARAR: The 🕌 Islamic Concept of Harm

⚖️ 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:

• Synonyms:

  • Harm (ضرر)
  • Prejudice (انحياز)
  • Injury (إصابة)
  • Cruelty (قسوة)

• Antonyms:

  • Benefit (منفعة)
  • Welfare (رفاهية)
  • Aid (عون)

• 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)