حديث لاضرر و اختلاف در اثبات حكم بر پايه ي آن

The "La Darar" Tradition and the Dispute over the Injunctions Based on it.

Without doubt, the Koran verses and the traditions of the Infailibles are the best sources to deduct the shariaʹs rules. One of the traditions which is very famous because of its frequent use in religious jurisprudence, being one of the most important religious jurisprudence principles, is the "La Darar va La Darar" tradition (neither harming, nor being harmed). Although there are many different issues surrounding this tradition, this paper, irrespective of the taken-for-granted understanding, which has prevented the substantiation of many rulings, proves, in a new and logical fashion, that this tradition can play a constructive role by substantiating the required rulings. Moreover, it can forestall wrong doing by preventing losses. This important issue is criticized by many jurists, who claim that it requires a new religious jurisprudence. This paper tries to answer this criticism and other questions.