Principle of "No Harm" and Individual and Social Conflicts

Document Type : Research Paper

Author

Ph.D

Abstract

Individual and Social Conflicts are one of the common phenomena in all human societies and their most obvious is seen in their conflict of interests. Individual interests are a series of recognized privileges in internal legal system which is called individual rights and social interests are a series of subjects which form them. In Islamic thought, despite individualism, society is a real existent and when its existence as the most important interest is at a risk, it should be preferred to individual interests. Principle of "No Harm" (La Zarar) is an appropriate criterion for preference social interests to individual interests. According to this principle, no Principle of "No Harm" should be legislated and in the case of legislation, damage should be compensated.
Accordingly, when the existence of the society is at a risk, individual interests are should be limited, although in this case assumptions can be supposed that individual potential damages are compensated. But if the existence of the society is not at a risk, it is not permissible to limit individual interests.

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