Abstract
The Maliki jurists of the Maghrib, or Islamic West, applied the hadith, "no harm
shall be inflicted [on anyone] or reciprocated [against anyone]"(da darar wa-la
dirr fi-l-Islam ). This axiom called for the exercise of the mufti's independent
reasoning (ijtihad) in matters that were not explicitly clear from the text (nass) of
the Qur'an or sunnah. Maliki jurists used this axiom, which was open to various
interpretations, as a basis for rendering legal opinions (fatawa) in domestic
conflicts arising from infractions relating to the socio-spatial world.
shall be inflicted [on anyone] or reciprocated [against anyone]"(da darar wa-la
dirr fi-l-Islam ). This axiom called for the exercise of the mufti's independent
reasoning (ijtihad) in matters that were not explicitly clear from the text (nass) of
the Qur'an or sunnah. Maliki jurists used this axiom, which was open to various
interpretations, as a basis for rendering legal opinions (fatawa) in domestic
conflicts arising from infractions relating to the socio-spatial world.
| Original language | English |
|---|---|
| Number of pages | 34 |
| Journal | Islamic Law and Society |
| Publication status | Published - 1998 |
| Externally published | Yes |