قاعده لاضرر و اثرها في العدميات

Doctrine of La Zarar and its effects on the affirmative judgment on a non-existent

The doctrine La Zarar (use your own property in such a manner as not to injure that of another), as well as the doctrine La Haraj, on the affirmative judgments on non-existents has always been one of the great challenges in jurisprudence. In this article, the writer, looking at the question from a new perspective, makes an attempt to provide a solid foundation for a great number of jurisprudential issues. The writer has first given examples of the cases of La Zarar on the affirmative judgments on non-existents including substantiation of pledge, imprisonment of a free person with a profession, license for the divorce of the wife in case the husband refuses to provide her with alimony. He then puts forward ten arguments presented by those who are opposed to the doctrine and criticizes them, thus paving the way for various jurisprudential applications which, in so many fatwas, have no precedence.