Etymology and Definition
Darar (Arabic: ضرر) is a legal term in Islamic jurisprudence that translates to “harm,” “prejudice,” or “cruelty.” The concept of Darar is essential in the application of Shari’ah, the body of Islamic law, as it addresses issues of personal and societal welfare by preventing and mitigating harm.
Legal Applications
Fasting and Illness
In Islamic law, certain observances, such as fasting during the month of Ramadan, are obligatory duties for Muslims. However, the principle of Darar allows for exemptions in circumstances where performing these duties may cause harm. For instance, those who are ill or undergoing treatments that could be adversely affected by fasting are permitted not to fast. This think-space within the legal framework is meant to ensure that religious observances do not bring harm to individuals.
Marriage and Grounds for Divorce
In the context of marriage, Darar can be a basis for seeking divorce. Several schools of Islamic law accommodate this principle:
- Maliki Jurisprudence: Traditional Maliki fiqh (jurisprudence) provided a wife the right to seek divorce if her husband exhibited unequal treatment towards her and her co-wives or married a second wife, thereby causing her harm.
- General Islamic Jurisprudence: The principle extends broadly where any harm, such as physical abuse, emotional injury, or neglect, can be grounds for dissolving the marital union.
Arabic and Turkish Translations
- Arabic: ضرر (Darar)
- Turkish: Zarar
Suggested Books for Further Studies
- “An Introduction to Islamic Law” by Wael B. Hallaq
- “Islamic Jurisprudence: An International Perspective” by C.G. Weeramantry
- “Shari’a: Theory, Practice, Transformations” by Wael B. Hallaq
- “Islamic Ethics of Life: Abortion, War, and Euthanasia” by Jonathan E. Brockopp (Editor)
Takeaways
- Darar is a fundamental concept in Islamic law intended to prevent and address harm.
- It allows flexibility in religious obligations to ensure that individuals are not subjected to undue hardship or injury.
- It plays a critical role in marital laws, especially concerning the grounds for divorce due to unequal treatment and cruelty.
Conclusion
Understanding the concept of Darar is pivotal for comprehending the broader objectives of Shari’ah, which aim to safeguard human welfare and justice. By integrating this legal principle, Islamic jurisprudence ensures that laws remain compassionate and pragmatic, addressing the nuances of human circumstances and fostering a just society.
