Harmful rule is one of the most important and widely used jurisprudential rules in the family legal system, especially in the topic of divorce, separation and division. Many of the current laws in family law are affected by the harmless rule. Some of these rules are also influenced by the philosophy related to the harmless rule. In this research, we are trying to answer this question: What is the role of the harmless rule in family law?
In this article, with the descriptive-analytical method and the adaptation of different sayings of Sunni jurists with Islamic law, we find the conclusion that the relationship between couples and their rights in the family is based on the negation of harm, in the sense that if the law or the implementation of a rule leads to due to damage to one of the rights of the spouses, the rule of non-harm applies and the first rule is negated and another rule that prevents damageIt will be replaced, like the application of the harmless rule in the course of divorce in cases of non-fulfillment of duties, in this case the primary ruling is that the monopoly of the right to divorce in the hands of the man is taken away from him and the ruler forces the man to divorce his wife, so the harmless rule in law In general, the family largely prevents the occurrence of legal problems in the field of the family and the rights of couples.