The Rule Of No Harm And No Harm According To His Eminence Sayyid Ali Alhusseini Alsistani: The Shadow Trap Between Shari'a And Law, A Comparative Study

This research presents an In-depth study of the jurisprudential principle "La Darar wa La Dirar" (No Harm and No Harassment) as one of the foundational rules in Islamic law. The focus is on the interpretation and applications of His Eminence Grand Ayatollah Sayyed Ali Al-Husseini Al-Sistani (may his shadow be prolonged). This principle plays a vital role In regulating interpersonal and societal relations by upholding justice and preventing harm. The study begins by defining the rule linguistically and terminologically, then exploring its origin In the Prophetic hadith: "There is no harm and no harassment in Islam." The authenticity, legal authority, and jurisprudential implications of the hadith are discussed in detail. The research then investigates various scholarly opinions regarding the scope and limits of this rule, with a particular emphasis on Sayyed Al-Sistani's perspective, including the conditions and boundaries for its legal application. Furthermore, the research explores how this Islamic legal maxim intersects with contemporary civil law principles, particularly in liability, damage prevention, public versus private harm, and the right to compensation. It compares the Shari'a-based legal system, which relies on scriptural interpretation and scholarly reasoning, and modern legal systems rooted in secular and codified principles. The study concludes that the "No Harm" rule, as interpreted by Sayyed Al-Sistani, is not merely an ethical guideline but a dynamic legal tool that can effectively contribute to forming fair legal policies. It has the flexibility and depth to bridge Islamic jurisprudence and contemporary legal frameworks, enabling a harmonious integration of religious values and legal modernity.