جستجوی مقالات مرتبط با کلیدواژه « عدم حکم » در نشریات گروه « فقه و حقوق »

The juridical rule of no Harm is one of the most important islamic jurisprudence rules, which is applied in all islamic jurisprudence section. There is no doubt that it is possible to eliminate harmful rules by applying this rule. But if the lack of a rule leads to a loss, there is a difference that can the said rule establishes a rules. The need to compensate for the damage is a rational issue. In this regard, reason does not distinguish between existential and non-existential affairs. In addition,by referring to the custom, it can also be seen that non-harmful matters should also be compensated. The reasons for the rule of law are absolute. In that sense, any damage should be compensated, whether it be existential or non-existent.

The "La zarar"(no prejudice) rule is one of the most important rules, and perhaps The most important rule of Islamic Jurisprudence. The question which this paper tries to address is whether(La zarar) rule supersedes The situations where no rule exists for compensation of prejudice. Our purpose is to clarify-on the loasis of the evidence of(La zarar) rule, the verdicts of Islamic Jurists, and the exigencies of modern industrial _ societies_ that the said rule establishes a rule namely,it supersedes the situations of no tule.