Birth of a New Jurisprudence in the Light of No Loss Principle(A Study of Sheikh Ansari and Imam Khomeini’s Viewpoints)

The “no loss principle” or the “principle of no harm” is an all-embracing principle in Fiqh (Islamic jurisprudence) that serves as a criterion for judgments on political and social issues. Despite consensus of Shia and Sunni jurists on the generalities and backbone of “no loss principle”, there is difference of opinion in interpretation of the traditions on this principle. This research work intends to analyze the views expressed on this principle by Sheikh Ansari, the founder of the School of Negation and Imam Khomeini, the founder of the School of Forbiddance. Following clarification and analysis of both views, we have studied the results coming from each theory and their application in Sharia law. In view of Sheikh Ansari and the majority of jurists, Islam has never issued a verdict that may impose harm on the servants of God. As a contemporary jurist, Imam Khomeini has reviewed “no loss principle” from various angles to present a new approach to the issue. In case of accepting Imam Khomeini’s view, the “no loss principle” is no more a jurisprudential principle; rather, it must be considered a political and state decree.