The Rules of Dharar (Harm) in Islam It is forbidden for a person to harm others or to inflict harm upon himself. The Sharia'a texts and the Sharia'a principles deduced from these rules have come to explain the rules of harm "Dharar". The types of Dharar are various, some of them have been mentioned by name in the Sharia'a texts and other by description, thus these fall under the generalities of the texts (Umumat Al-Nusus). There are some types of Dharar which a person is allowed to inflict upon himself and other types of Dharar which he is not allowed to inflict upon himself. Therfore, some elaboration is necessary.
The Dharar could be within an object and it could be within an action. Allah (SWT) has made things lawful to us in general terms and evidences: He (SWT) says: [Luqman- 20] T.M.Q.
And He (SWT) has excluded some things and made them forbidden by textual evidence: He (SWT) says: [5-3] T.M.Q.
If Dharar (harm) were to be found in a permitted thing, it would become forbidden, for the Sharia'a principle states that: If a specific single item of the permitted matter caused harm, it would become forbidden, however the matter remains permitted. Evidence about this principle is deduced from the Sunnah of the Messenger of Allah (SAW): When he (SAW) passed by a place called Al-Hijr, the residence of Thamud, the folk of Salih, people filled up water from its well; when they departed the Messenger of Allah (SAW) said: Do not drink from this water anything at all, and do not make ablution from it for prayer. Any dough you made out of that water, you should give it to the animals to eat and you must not eat from it yourselves, and no person should go out tonight unless he has a friend with him." Here the Messenger of Allah (SAW) prohibited the water of the well of Hijr, for that particular water was harmful, as for the water itself, it remained permitted by the general evidence.
If the disposal or the use of something permitted led to Dharar, it would also become forbidden according to the Sharia'a principle which states: If any specific item of a permitted matter were harmful (Mudhirr) or leading to harm (Dharar), that item would become forbidden and the matter would remain permitted.
Evidence about this principle is derived from what has been reported that the Messenger of Allah (SAW) remainded in Tabuk for about ten nights, then set off back to Madina. On the way there was a little spring of water, enough for one or two travellers, in a wadi called Al-Mushaqqaq; the Messenger of Allah (SAW) said: Whoever beats us to that water should not use it until we get there." A group of hypocrites reached the water before the Messenger of Allah (SAW), so they used up all the water; when he (SAW) reached it, there was no water left. So he (SAW) asked: Who beat us to this water? They replied: O Messenger of Allah, it was so and so. He (SAW) said: Did I not forbid them from using the water until I reached it? The Messenger of Allah (SAW) then cursed them and supplicated Allah (SWT) to punish them. Here the Messenger of Allah (SAW) did forbid the use of that particular water for it caused harm to those who could not find any water in the wadi to use.
The Legislator has made water permitted; He (SWT) has made the water of the Hijr forbidden for it was harmful. And He (SWT) has forbidden the water of wadi Al-Mushaqqaq for those who used it had caused harm to others. Therfore, the Dharar (harm) to be found in certain things, and the Dharar (harm) caused by the use of certain things, would be the cause of prohibition for those harmful things or for those things which lead to causing Dharar (harm).
As for actions, the principle is to abide by the rule before committing the action. The rule of the action can be one of the five rules which are: The Fardh (obligatory), the Mandub (recommended), the Mubah (permitted), the Makruh (undesirable) and the Haram (forbidden). The Legislator has permitted some of these actions in a general way, i.e general evidences such as looking, eating and walking, among other natural actions. Allah (SWT) says: [Yunis-101] T.M.Q.
He (SWT) also says: [Saba'-15] T.M.Q.
He (SWT) also says:[Al-Mulk-15] T.M.Q.
Other rules have come to specify the general rules, thus excluding some types of looking, some types of walking and eating; i.e. giving them rules other than the permissibility, such as Haram, Fardh and Mandub. The principle of "Every specific single item of the permitted matter, if it led to Dharar, it would become forbidden, while the matter (in general) remains Mubah.", this principle has excluded the harmful actions, for the word "Amr" (translated here as matter) means both action and thing or either of them, this is so because the Messenger of Allah (SAW) said at the end of the Hadith: "and no person should go out tonight unless he has a friend with him.", however, two men from Bany Sa'ida disobeyed the order, one of them choked in the way and the other went looking for his cattle and the wind swept him away and he drifted to a mountain in Tay'i. The Messenger of Allah (SAW) was informed of this, so he said: Did I not forbid you from going out without a friend. He (SAW) then supplicated Allah (SWT) for the one who choked in the way so he was cured, as for the other man who drifted to the mountain of Tat'i, he was handed back to the Messenger of Allah (SAW) bt the tribe of Tay'i when he returned to Madina.
Therefore, if the actions were to become harmful or if they were to lead to harm, they would become forbidden, such as drinking and ablution in the Hadith of Al-Hijr, or such as drinking in the Hadith of Al-Mushaqqaq, however the nature of such actions remained permitted i.e. Mubah. This is so because harm has occured to the actions but it was not contained within the nature of the actions. Water, drinking and going out are not harmful actions in essence, and Sharia'a has made such actions Mubah, however, specific matters had occured to such matters, so they became forbidden according to the Sharia'a principle deduced from the Ahadith of the Messenger of Allah (SAW). For instance, giving information is Mubah; however, giving information to the authorities about the Islamic campaigners would be forbidden if they cause harm to the campaigners, for this would be a reality to which the Sharia'a principle mentioned above applies.
This is as far as the occuring harm (Al-Dharar Al-Tari') is concerned. However, if the harm were contained in the essence or the nature of the action itself, even if there were no direct mention of it in the Legislator's address, then it would be forbidden just for fact that it is harmful for Allah (SWT) has forbidden harm in general. It Sharia'a principle would then be: "The principle of harm is prohibition." It evidence is his (SAW) saying: "Do not harm others and do not harm he who harms you" (La Dharr Wa La Dhirar); and also his (SAW) saying: He who harms others Allah would harm him and he who causes hardship to others Allah would cause him hardship.
Dharar is the opposite of benefit, which is to cause others or oneself harm or damage. The Messenger of Allah (SAW) prohibited the causing of any harm in his saying: Do not harm others and do not harm he who harms you. Al-Dharar in the Hadith came indifinite which means that the prohibition is general; and the Dhirar means to harm he who harms you, and it was also said that Dhirar is the severe harm, and both meanings are included in the meaning of harm.
To inflicted harm on others:
The Messenger of Allah (SAW) has forbidden the inflicting of harm on others, whether they were young or old. He (SAW) said: Insulting a Muslim is Fusuq (mischief) and fighting him is Kufr (disbelief). Allah's Messenger (SAW) also said: He who point a weapon at his brother would be cursed by the angels. And he (SAW) said: It is unlawful for a Muslim to terrorise another Muslim. He (SAW) also said: He who assists in the killing of a believer with even one single word, would meet Allah Azza wa Jall written between his eyes that he has lost all hope in gaining the mercy of Allah. Allah (SWT) has forbidden the harming of others. He (SWT) says: [2-282] T.M.Q.
And He (SWT) also says: [2-221] T.M.Q.
He (SWT) also says: [2-233] T.M.Q.
To inflict harm on others is categorically and decisively forbidden whether the harm was minor or major; the conjunction which qualifies such action as forbidden is his (SAW) saying : It is unlawful (La Yahillu), and his (SAW) saying : The angels would curse him, and also the conjunction of: Lost all hope in gaining the mercy of Allah. Therefore, it is decisively forbidden to harm others.
The self inflicted harm
The wording of the Hadith "Do not harm others and do not harm back he who harms you", has come in general terms, covering all types of harm, whether the harm were self inflicted or inflicted by others. Allah (SWT) has not commanded His servants to perform actions which harms them, and He (SWT) has forbidden them from harming themselves. It has been reported in the two Sahih that the Messenger of Allah (SAW) saw a man walking and he was told that the man has vowed to walk to Haj. Upon this the Messenger of Allah (SAW) said: Verily Allah does not need his walking, so let him ride. In another narration he (SAW) said: Verily Allah does not need this man to punish himself. He (SAW) was asked about a man who vowed to stand under the sun, not to sit, or eat during the day, nor to stay under the shade or speak. He (SAW) said: Order him to stay in the shade, to speak and to sit down and to continue his fasting. (Bukahri). The Messenger of Allah (SAW) is reported to have said: If you hear of a plague epidemic in one city, do not enter it, and if plague breaks out in a city where you happen to be do not leave the city. (Hadith agreed upon).
These texts clearly indicate that it would be Makruh (undesirable for a man to inflict harm upon himslef, this is so because the request to abstain is not decisive, the Makruh does not entail sin and punishment, it does however entail praise and reward for he who abstains in accordance to the request of Allah (SWT).
It is also deduced from other texts that it is Mubah for a person to inflict harm upon himself; one of these texts is reported by Bukhari on the authority of Aysha who said that the Messenger of Allah (SAW) used to stay through the night praying until his feet would fissure. Ataa' Ibnu Rabah reported: Ibnu Abbas told me: Do you want me to show you a woman who will enter paradise? I said: Yes. He said: This black woman came to the Messenger of Allah (SAW) and said: O Messenger of Allah, I suffer from epilepcy, and as a result I get uncovered, so do supplicate Allah for me. He (SAW) replied: If you wish to persevere you will gain paradise, or if you wish, I could ask Allah to cure you. She said: I wish to persevere. She added: I do get uncovered, so supplicate Allah on my behalf so that I do not get uncovered. So he (SAW) did. (Hadith agreed upon). This woman chose to endure the harm in exchange of paradise, and the Messenger of Allah (SAW) approved of her choice.
There are also Shria'a texts indicating that if the self inflicted harm reached a certain degree, it would become forbidden. The Messenger of Allah (SAW) said: He who kills himself with a pointed weapon, he will be thrown in the day of Judgement in hell fire with his weapon in his hand, stabbing himself with it in the stomach for ever, and he who kills himself with poison, he will be thrown in hell fire win the day of Judgement with his poison in his hand, drinking it for ever, and he who kills himself jumping form a mountain, he will jump in hell fire for ever.
Therefore the Dharar which leads to death is Haram, and if the inflicting of Dharar upon oneself could endanger life, it would also be Haram. The Sahaba understood this from Allah's (SWT) saying: [4-29,30] T.M.Q.
It has been reported on the authority of Amr Ibnul-Aas that he said: I had a wet dream on a cold night during the expedition of "Thatu-Salasil", so I feared that if I had a bath I would perish, so I performed Tayammum and led my companions in the Subh prayer. They mentioned this to the Messenger of Allah (SAW), so he (SAW) said to me: O Amr, did you lead your companions in prayer while in a state of Janaba? So I informed him about what prevented me from bathing and said: I heard that Allah (SWT) says: T.M.Q. " And do not kill yourselves." Upon this the Messenger of Allah (SAW) laughed and said nothing. Bukhari mentioned this Hadith in the chapter of: If the Junub person feared illness, death or thirst he could perform Tayammum.
Therefore, the Dharar that leads to death or is likely to lead to death, would be forbidden for any preson to inflict it upon himself.
The Messenger of Allah (SAW) prohibited also the self inflicted Harm which would prevent a person from performing the duties prescribed for him by Sharia'a. The Messenger of Allah (SAW) said: The favourite fasting to Allah is the fasting of Dawood, and the favourite prayer to Allah is the prayer of Dawood, he used to sleep half the night and pray for the third of the night and sleep for the sixth of the night; he used fast one day and break fast the other, and he never used to run away in the face of the enemy. i.e. he would not turn away from a fight if he met the enemy, due to the strength he left in his body as a result of his fasting and his night prayers described in the Hadith. His acts of worship did not affect his fighting powers and his courage before the enemy, and did not weaken his body so that it made him run away from the enemy, for the running away from the battlefield is forbidden, and because if a Muslim suffered a Dharar, he would be exempted from the duty of fighting. Allah (SWT) explains this: He (SWT) says [4-95] T.M.Q.
He (SWT) also explains in another verse some of the types of such Dharar. He (SWT) says: [Al-Fat'h-17]. So he who is able to fight and does not do so if called up, Allah will inflict upon him a severe punishment, for He (SWT) says: [AlTawbah39] T.M.Q.
Therefore, if a Muslim deliberately inflicted upon himself harm in order to be excused from performig his duty of Jihad, he would be among those who refuse to fight and would deserve Allah's punishment, for he committed an act which led him to Haram, which is to fight in the way of Allah. The Sharia'a principle states: Whatever leads to Haram is Haram. And Allah (SWT) has promised that punishment would await those who fabricate excuses in order to avoid fighting. Allah (SWT) says: "And they said, do not fight in the severe heat. Say hell fire is even hotter." So how about those who harm themselves in order to avoid fighting?
Therefore, the Dharar, if self inflicted, which renders the person unable to perform his Sharia'a obligations, would fall under the Sharia'a principle: Whatever leads to Haram is in itself Haram. This is so because the Dharar which disable a person from performing his duties, is considered a Dharar that leads to Haram, which is the abstaining form performing the duties, such as Jihad in the way of Allah, the carrying of the Islamic Message, Haj and the seeking of provision. The Messenger of Allah (SAW) said to Abdullah Ibnu Amru when he heard him say: I shall fast during the day and stay up through the night (praying) for as long as I live. He (SAW) said to him: Do not do that. Fast and break fast, sleep and stay the night, for your body has rights over you, your eyes have rights over you, and so do you your wife and your guests. Abdullah then said: So I persisted and he (SAW) persisted in his command. In another narration: And your Lord has rights over you, and your sould has rights over you, and your family have rights over you, so fulfill your duty towards them.
Therfore, the Muslim must fulfill his duties towards Allah, his family, other people and himself as well. These duties, especially the obligatory ones, he is requested decisively to fulfill if he is able to perform them; so he is forbidden from exhausting himself in performing the Mandub and Mubah actions, to the point where he would be unable to perform his obligatory actions. The Messenger of Allah (SAW) has rpohibited the Muslims from exhausting themselves by performing the Mandub prayers, and the voluntary fasting, let alone if the Dharar was self inflicted, such as the cutting of a hand or the taking of a substance that would cause oneself permanent damage which would prevent him from performing his duties.
Therefore, any type of self inflicted Dharar, which would prevent a person from performing the obligatory Sharia'a duties, would be Haram; for the Messenger of Allah (SAW) said in a Hadith mentioned earlier: And he would not run away if faced by the enemy." He (SAW) also said: Your Lord has rights over you, and your body has rights over you..." He (SAW) also said: It would be sinful for a man to be unable to look after his dependents. this includes himself as well. So if he harms himself and this leads him to being unable to look after his dependents, he would be sinful.
He who inflicts upon himself a forbidden Dharar, he would be reprimanded, for he committed a crime on himslef, a crime which Sharia'a has decisively forbidden. Evidence about this is deduced from what has been reported on the authority of Jabir who said: When the Messenger of Allah (SAW) emigrated to Madina, Tufayl Ibnu Amru emigrated to him (SAW), and so did another man from his own folk; they did not like their stay in Madina, and the man fel ill and became restless. So he took a "Mishqas" (an arrow with a large arrowhead) and cut his knuckles, so the blood gushed out of his hands until he died. Tufayl Ibnu Amru saw the man in his dream with his hands intact, and then he saw him with his hands covered, so he asked him. What did your Lord do to you? So he said: My Lord has forgiven me because I emigrated to His Messenger (SAW). So Tufayl asked him: Why are you covering your hands? He said: I was told that the damage I inflicted upon myself would not be repaired. Tufayl reported this to the Messenger of Allah (SAW), and upon this he (SAW) said: May Allah forgive his hands.
In the Hadith there is a clear indication that he who damages any part of his body, this would not be repaired in the day of Judgement, but he would still nurse the damage he had inflicted upon himself as a punishment for his act. Allah (SWT) has forgiven the man because of his emigration to the Messenger of Allah, but He (SWT) did not forgive him for the harm he inflicted upon his hands.
In another Hadith, the Messenger of Allah (SAW) prohibited the Wisal (continuous) in fasting, for some Muslims said to him: You do the Wisal yourself O Messnger of Allah. Upon this He (SAW) replied: And are you like me, I am given food and drink by my Lord. So when they refused to refrain from Wisal, he (SAW) ordered them to fast continuously for two days, then they saw the new moon; he (SAW) said: Were it not for the new moon I would have ordered you to continue your fast, as an examplary punishment to you for refusing to refrain.
The examplary punishment implemented by the Messenger of Allah (SAW) could not have been for none but a forbidden matter; the forbidden matter in this Hadith is the Wisal in fasting without Iftar nor Suhour, which leads to harming the body, and consquently making the person unable to perform his duties such as Jihad and the seeking of provision. Therefore, the examplary punishment by the Messenger of Allah (SAW) was a reprimand to those who performed an action that harmed them, i.e the Wisal in fasting.
The Dharar which occurs due to lawful acts and from Mubah things:
We mentioned earlier that if a person inflicted harm upon himself, this could be Makrouh and it could be Haram, according to the nature of the Dharar and the Sharia'a evidences which apply to that Dharar.
As for the Dharar which occurs as a result of an obligatory action, or as a result of eating lawful foods, if the Dharar does not lead to endangering life, or to prevent a person from performing his or her duties, this would then be lawful, i.e it would not make the performing of such actions or the eating of such foods forbidden. For instance, the fasting which causes a headache and which does not hinder the performing of other duties, would still be desirable, and so would be the staying through the night, even if it led to tiredness and the aching of the feet, it would still be Mandub. The drinking of tea and coffee would remain Mubah even if it caused sleeplessness. However, if any of these actions led to the endangering of life or to the hindering of performing other duties for a particular person, it would become forbidden for him to perform such actions, and the actions would remain lawful for the others.
When the Dharar occurs when performing a duty such as fasting, and this led to preventing the person from performing another duty such as Jihad, then in this case a preponderant evidence must be sought in order to give priority to either of the two duties. The Messenger of Allah (SAW) ordered the his companions in one of his expeditions to eat and drink during a day of Ramadhan in order to be able to fight the enemy.