Document Type : research
Authors
1
PhD student of Fiqh and Fundamentals of Islamic Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
2
Assistant Professor, Department of Fiqh and Fundamentals of Islamic Law, North Tehran Branch, Islamic Azad University, Tehran, Iran
3
Assistant Professor, Fiqh and Fundamentals of Islamic Law Department, North Tehran Branch, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2026.464347.1850
Abstract
Background and Aims: No-harm rule is one of the important rules of jurisprudence that has many and varied applications. One of the important issues is the application of the no-harm rule regarding the rights of spouses, which is the subject of debate and opinion. Based on this, the purpose of this article is to examine the application of the no-harm rule in the rights of couples.
Materials and methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: The findings showed that after the conclusion of the marriage contract between the couple, each of them will have financial and non-financial rights and obligations towards each other. The basis of the rule of non-harm is the verses of the Holy Quran and the traditions of the innocents (pbuh), and based on that, it also includes issues of the rights of spouses, such as custody and separation of spouses, and based on the mentioned rule, any related harm and loss is prohibited and assumed to be haram. In fact, after the marriage contract is concluded, the spouses have rights and obligations, the non-fulfillment of which causes damages to the spouses, and based on rational and moral rules, including the rule of indemnification, these damages are considered prohibited.
Result: The result is that according to the mentioned rule, the prohibition of harm includes all financial examples such as alimony and dowry and non-financial Rights examples such as marriage, custody, assistance, good company and swearing.
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