An Overview Of Economic Policy of “Injury (Damage) May Not Be Met By Injury in Islam”. (La Darar Wa-La Dırar Fi’l-Islam)

Year 2017, Volume: 3 Issue: 1, 40 - 59, 01.03.2017

Adem Esen

Abstract

Quavaid-i qulliya consist of the first 99 articles of the Islamic law Majalla-i Ahkam-i Adliyya, which was codified in the Ottoman period. The hadith of ‘There is no injury (damage), and injury may not be met by injury in Islam’ is located among them as a general principle (Majalla, article 19). Imam Malik narrated this hadith in his book Muvatta, and Ibn Mace, and Darakutni wrote it in Sunans. Although weak as record, it is on the absolute floor in content. For this, it has been called the good (hasen) hadith. Again, this principle of Islamic law methodology for the prevention of mafsadat and ensuring the maslahat (best interests) principle is the basis of the principle of ıstıslah. Therefore, this principle is one of the basic principles of religion. This principle has changed over time depending on the evaluation of the sects (mazahib). For example, the right of property was kept in the foreground by Abu Hanifa, but later Hanafis approached the opinion of the Maliki. Majalla has adopted this opinion. Maghreb and the Ottoman applications have been in this line. Commentaries of Mecelle by Ali Haydar Efendi, Atif Bey and Ali Ulvi are recent works written in Ottoman Turkish. Although the examples in this description refer to the legal system, economic life, it is important in terms of economic thought and market regulation or even public administration disciplines. This principle has been applied in many fields such as contiguity relations, urban schemes, and market regulations. Today, asymmetric information, externalities and market failures may be considered in this context.