An Analysis of Narrative Criteria for Applying the Principle of Prohibition of Harm in the Family Domain

Document Type : Review Article

Author

Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, ZAH.C., Islamic Azad University, Zahedan.

10.22034/jwir.2025.728350
Abstract
In Islam, the preservation of family life holds great significance, to the extent that the Sacred Lawgiver has precisely defined the rights and duties of each spouse to ensure the well-being of the family. The legislator, likewise, has enacted various laws to safeguard the stability and continuity of the family, emphasizing the creation of a family-centered society and the strengthening of family foundations based on religious teachings, with the family serving as a focal point in laws and regulations. Accordingly, based on the circumstances surrounding the issuance of narrations related to the application of the principle of prohibition of harm (la darar), certain criteria derived from hadiths can be identified as standards for determining harm in the family sphere. Any transgression of these criteria can lead to fundamental challenges within the family.The necessity of this study lies in the fact that during the processes of family formation, continuation, and dissolution, and in light of the contexts of narrations concerning the la darar principle, certain behaviors may constitute harm within the family. This necessitates a review of existing laws and the enactment of new legislation in this regard. From the perspective of dynamic jurisprudence and the influence of time and place on ijtihad, these issues can be reexamined with a fresh approach.Using a descriptive-analytical method, this study concludes that, based on the contexts of the narrations, a number of strong and logical criteria can be extracted from hadiths and narrations—such as the obligation to preserve the privacy and security of the family, prevention of moral or spiritual harm to family members, maintaining confidentiality within the family environment, avoiding financial deprivation of women or imposing financial burdens on them in exchange for agreeing to divorce, observing financial fairness among heirs, and ensuring the emotional and financial support of parents for children. These criteria can serve as the basis for new legal rulings and help prevent harmful behaviors within the family sphere.

Keywords



Articles in Press, Corrected Proof
Available Online from 13 August 2025