The Effect of the Rule of Negation of Harm on the Civil Affairs of the City from the Perspective of Islamic Jurisprudence

The harmless rule is one of the indisputable rules of jurisprudence that is supported by both narrative and rational arguments; Of course, there are several opinions about the provisions of this rule, such as the prohibition of damages or the need to compensate damages or the royal order or the need to take decisions to prevent damages or deny the damages sentence, etc .; The effect of this rule on social affairs and sharia rules related to urbanization is undeniable; Given that there are various manifestations of this rule in matters relating to the city; It seems necessary to study the effectiveness of the no-harm rule in the development of Islamic cities; The present study, with an analytical-descriptive method, first examines the validity and provisions of the no-harm rule and opinions about it, and then examines the impact of this rule on urban development phenomena; Finally, it can be concluded that according to the harmless rule, all the factors that endanger the various dimensions of development in cities; It is forbidden in Islamic jurisprudence and this rule takes precedence over the rule of domination. Therefore, citizens are obliged to respect the rights of others in civil matters such as the construction of multi-storey buildings or common walls or the construction of structures outside the building or presence in public thoroughfares or windows overlooking the neighbor's house, and if these matters lead to harm to the community; It is forbidden according to the jurists.