Introduction to the Jurisprudential Maxim “La Darar wa La Dirar” and Its Applied Examples in Sale (Bay‘)

Abstract

The jurisprudential maxim “La Darar wa La Dirar” (No harm and no reciprocation of harm) is one of the five major legal maxims in Islamic jurisprudence, under which various branches of fiqh fall, with its scope of application extending across all chapters of Hanafi jurisprudence. It is a clear principle that within society no person should inflict harm upon another without a legitimate Shariah justification, nor should harm be responded to with further harm. The application of this principle ensures peace and stability within the community.

The purpose of this research is to introduce the jurisprudential maxim of “La Darar wa La Dirar” and to present its applied examples within sales contracts (Bay‘). The research methodology is analytical and descriptive, based on the library method, aiming to demonstrate that in Islamic Shariah, causing harm from one person to another—especially in financial transactions—is impermissible.