نظريه ي امام خميني (ره) درباره ي لاضرر و كاربرد آن در حقوق خانواده

Imam Khomeiniʹs View on the Principle of No Harm and Its Application to the Family Law Muhammad Soroush Abstract Imam Khomeini takes no specific view on the principle of no harm (La Zarar); he interprets it as the governmental prohibition. According to him, the proposition "no harm" consists of two principles in the prohibition of the both physical and mental damage, as well as the prohibition of causing stress. Thus, the principle of no harm is not a secondary law underlying all of the religious laws such as the principle of no blame (La Haraj). Imam Khomeiniʹs specific interpretation of the family law produces significant results: first, whatever behavior of either of the spouse which causes harm or blame to another is not allowed; second, the responsibility of the spouse towards each other is limited by this principle; and third, in case of harm one can petition the Muslim ruler and ask him to help prevent the harm. Key words No harm, Governmental Decree, No Blame, Family Law, Divorce.