May One Commit Lesser Harm to Prevent Greater Harm?


Shafi'i Fiqh

Answered by Shaykh Irshaad Sedick

Question

From an Islamic perspective, is it ever permissible to intentionally harm or kill an innocent person, such as diverting harm in a scenario like the trolley problem or stopping a dangerous person who is not morally accountable, to prevent greater harm to others?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

Classical jurists indeed discussed cases where one must choose between two evils or two goods. Imam Zarkashi, in his al-Manthur fī al-Qawa‘id, records the maxim:

“In the case of conflicting harms, the greater harm is repelled by committing the lesser one.”

Ibn ‘Abd al-Salam noted consensus (ijma‘) on this principle, while Ibn Daqiq al-‘Id clarified that if one is certain that one of the two harms will occur, then one should act to avoid the greater, even if it means allowing the lesser. The Prophet’s instruction illustrates this (Allah bless him and give him peace), not to stop the Bedouin who urinated in the mosque, to avoid a greater disturbance.

However, these maxims are qualified and not unrestricted. Ibn Daqiq al-‘Id himself emphasizes that such rulings apply “in principle (fi al-jumla), not as an absolute rule in every situation.” The inviolable principles of Sacred Law must constrain them, and the details of these principles and their application are discussed in our Qawa‘id literature, such as al-Ashbah wa al-Naza‘ir, by Imam Suyuti.

Sanctity of Human Life

While Sacred law recognizes the necessity of weighing harms in dire situations, protecting life remains critical. The Quran and Sunna repeatedly emphasize the seriousness of taking life unjustly, and the punishments attached thereto. Allah (Most High) says,

“And do not kill the soul which Allah has forbidden, except by right.” [Quran, 17:33]

Therefore, any decision that involves harm must be taken with the greatest care and consciousness of Allah’s laws, ensuring that such actions are done solely to please Allah, preserve the greater good, and avert harm.

And Allah knows best.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan (Allah have mercy on him), where he taught.

Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Shaykh Muhammad Awama, Shaykh Muhammad Hasan Hitu, and Mawlana Abdul Hafeez Makki, among others.

He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has been the Director of the Discover Islam Centre, and for six years, he has been the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.

Shaykh Irshaad has fifteen years of teaching experience at some of the leading Islamic institutes in Cape Town. He is currently building an Islamic podcast, education, and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy Prophetic living and fitness.