Feasibility of Using the Lā Ḍararr Principle in the Analysis of Doping Event

Doping in its various forms is one of the new challenges in modern human life and society. It can be studied from various interdisciplinary and multidisciplinary perspectives such as sports medicine, social ethics, medical law, sports law, social jurisprudence and criminal law. The jurisprudential position of this complex issue can also be studied from various conceptual, thematic and normative perspectives. This study first, focusing on several definitions, especially the definition of the Medical Commission of the International Doping Committee, discusses what doping is, and then pays attention to its common examples that can be discussed from a jurisprudential point of view. By using a new research design and conceptualization, that is by focusing on an existing harm in doping ("Ḍararr"), the authors in this study try to raise new questions that will systematize and clarify the jurisprudential-legal understanding of the doping issue. In this study, focusing on the harmful nature of doping, we will seek an answer to the question of how to discover its obligatory ruling based on jurisprudential sources and reasons, such as the Qurʼānīc verses about Ḍararr (harm), and also based on the Lā Ḍararr principle. The method of this study is the analytical-conceptual that Fuqahā, jurists and legal philosophers have used for centuries in the field of jurisprudence, principles and philosophy of law. In this method, the clarity, accuracy and transparency of the concepts and issues have a fundamental and undeniable role, and this is why the faqīh or jurist tries as much as possible to discover the nature of the problem and its answer, and this is why the faqīh or jurist, to find the nature of the problem and its answer as much as possible, tries to use the tools of analysis, analysis and minimization of ideas and thoughts. The following text is tied to the use of existing textual and library sources - mainly Shia jurisprudence sources and sources related to sports law. So far, no independent book or article has been written about this topic, i.e. the connection between the Lā Ḍararr principle and doping. The innovation of this research in posing new questions, branches and divisions (such as exclusivity or inclusion of Ḍararr, knowledge and ignorance of the Ḍararr of doping, specific-particular Ḍararr of doping, amount of Ḍararr and the issue of non-existential affairs) as well as using the conceptual-analytical capacities of the Lā Ḍararr principle in understanding the the emerging issue of doping. Most of the examples, branches and arguments of this study do not have a history in legal articles and books about doping and are new, therefore, it can be an example for the output and ramification of one science (the Principle of jurisprudence) for another science (sports law). In addition, our claim is that the various dimensions and angles of this study can be helpful in explaining the jurisprudence of doping.