The Necessity of Preventing Harm as Much as Possible (A Comparative Study in Hanafi and Ja‘fari Jurisprudence)

Abstract

The necessity of preventing harm to the extent of one’s ability is a rational, religious, and comprehensive principle applied across all branches of Islamic jurisprudence, including acts of worship and transactions. The ruling to avoid harm as much as possible or to minimize it when complete prevention is difficult is not only a rational command but also supported by Qur’anic and hadith evidence and is among the principles recognized by various schools of Islamic law. This rule serves as a secondary and supplementary foundation to many other jurisprudential principles, particularly those concerning the obligation to remove harm. It also functions as a moral and legal criterion for defining the boundaries of responsibility. The main idea is that every person—whether as an individual, ruler, or responsible institution—is religiously and rationally obligated to prevent harm to the extent of their capability. However, they are not accountable for harm that they cannot avert. The necessity of preventing harm within the limits of one’s ability has widespread applications in all fields, such as legitimizing preventive measures to stop the spread of diseases, protecting society from harm, promoting positive social conduct and preventing aggression, drafting occupational safety laws, and preventing construction that harms neighbors. Although the explicit meaning of the rule indicates the obligation to prevent harm as much as possible, its implicit meaning also includes removing existing harm, observing the degrees of harm, and preventing harm through the easiest possible means.