Shafaqna English- The University of Exeter recently hosted a conference entitled “Islamic Jurisprudence and Contemporary Ethics”, bringing together a group of distinguished scholars and thinkers. Among the speakers was Dr Sobhani, who presented a paper titled: “Environmental Challenges and Islamic Legal Solutions: The Maxim of No Harm (Lā Ḍarar)”. The following is a summary of his presentation.
The natural environment is a divine blessing that sustains human life and all other forms of existence. Although humanity had no role in its initial creation, it has unfortunately played a significant role in its degradation and destruction through excessive and irresponsible exploitation.
In today’s world, human interference in nature and the overuse of its limited resources have generated a multitude of challenges that threaten human well-being. The complex interaction between human beings and the environment continually raises the fundamental question: Does nature dominate humans, or does humans dominate nature? This inquiry has given rise to diverse perspectives.
Muslims traditionally seek guidance from the Qur’an and Prophetic traditions in all aspects of their material and spiritual lives. Some scholars have attempted to identify environmental solutions within these sources. Although the Qur’an does not directly address contemporary environmental crises, Islamic jurisprudential maxims offer a framework from which practical solutions may be derived.
At the outset of his lecture, Dr Sobhani emphasized that in Islamic legal discourse, three closely related but distinct terms are often conflated—particularly by Western scholars: Fiqh (Islamic jurisprudence), Uṣūl-al-Fiqh (Principles of Jurisprudence), and Qawāʿid Fiqhiyyah (Jurisprudential Maxims). Therefore, a clear delineation of these terms is necessary before delving into the main subject:
- Fiqh refers to a coherent system of divine rulings encompassing commands and prohibitions, which a jurist (Faqīh) deduces from primary sources—namely the Qur’an, Sunnah, reason (`Aql), and consensus (Ijmāʿ). It outlines human obligations in relation to God.
- Uṣūl-al-Fiqh consists of the methodologies and foundational principles that enable jurists to extract legal rulings from the primary sources.
- Jurisprudential maxims are general legal rules employed by jurists in the derivation of some religious rulings. For example, if a worshipper forgets to recite Surah Al-Fātiḥah or prays without ablution, the jurist may refer to the maxim:
“Prayer is not to be repeated except for five [omissions]: purity, time, direction (Qiblah), bowing, and prostration.” According to this maxim, any disruption in these five elements invalidates the prayer, whereas omission of other components—such as Sūrah Al-Ḥamd—does not render the prayer invalid.
Islamic jurists have historically extracted over a hundred jurisprudential maxims from Qur’anic verses and the narrations to address a wide range of practical legal issues. Among these, four major maxims—Al-ʾItlāf (destruction), ʿAlā-al-Yad (liability upon possession), Maṣlaḥah (public interest), and Lā Ḍarar (no harm)—are particularly relevant to environmental issues.
The maxim of Lā Ḍarar is universally accepted among Islamic legal schools and is applicable across various domains of jurisprudence, including rituals and transactions. Its objective is to prevent harm to life, property, dignity, and public welfare.
This maxim is supported by strong Qur’anic, hadith-based, and rational foundations. One of its most notable hadith-based sources is the well-documented incident involving Samurah ibn Jundub, who owned a date palm tree inside an Ansārī man’s house. Samurah would enter the house without permission to tend the tree, causing distress to the homeowner. Despite being asked to seek permission, he refused.
The Prophet Muhammad (PBUH) intervened, advised him to ask for permission, and even offered him a tree in Paradise in exchange for relinquishing his claim—but Samurah declined. The Prophet then declared:
“You are a man who causes harm. There is no harm in Islam.”
He subsequently instructed the Ansārī to uproot the tree and return it to Samurah. Interestingly, the phrase “Lā Darara wa Lā Dirār Fīl-Islām” appears as a legal maxim under many traditions.
Another foundational basis for this maxim is human reason (`Aql) and the established practice of rational agents (Binā’-al-ʿUqalā’). Sound intellect regards causing harm to others as intrinsically reprehensible, and human societies have consistently operated on the basis of the principle of harm prevention. The Sharīʿah has not prohibited or invalidated this rational convention, which itself indicates its endorsement.
According to Sheikh Sharīʿat Isfahānī, the meaning of this maxim falls under the category of self-evident rational principles (Al-Mustaqillāt-al-Aqliyyah) and can therefore serve as a firm foundation for the maxim alongside the Qur’an and the Hadith.
Although differing interpretations exist concerning the definition of “harm” (Darar), it is generally understood as injury to life or property. As such, any damage to objects of economic value is encompassed by this maxim. Since the environment constitutes a form of public wealth, any harm inflicted upon it falls within the scope of Lā Darar, and is therefore prohibited under Islamic law—especially when it endangers public health or ecological stability.
In the concluding section of his lecture, Dr Sobhani highlighted several practical applications of the maxim of Lā Ḍarar in environmental jurisprudence:
- High-rise constructions in residential areas that cause environmental degradation are deemed religiously impermissible if experts determine they are harmful to public welfare.
- Excessive use of underground water in drought-prone regions for personal use—such as filling private pools—is forbidden if it infringes upon public rights.
- Deforestation for residential expansion, when it results in the destruction of natural resources and harms environmental health, is considered harmful to the public and thus religiously prohibited.
- Establishing factories that emit harmful pollutants and damage the environment is impermissible in Islamic law.
- Using high-emission vehicles, when proven by experts to harm the environment, is also forbidden.
- Causing noise pollution that disturbs and harms citizens is religiously impermissible.
- The government is obligated to take preventive measures against environmental harm. In cases of negligence, the public has the right to hold authorities accountable.
Summary
From the perspective of the Islamic legal maxim Lā Ḍarar wa Lā Ḍirār, humans are not entitled to absolute and unrestricted exploitation of nature. Rather, they must engage with the environment in a responsible and ethical manner. This principle offers a robust jurisprudential and moral framework for addressing the pressing environmental challenges of our time.