The Rule of Ma Yuzman and Ma La Yuzman: A Critical Analysis of Theoretical and Practical Challenges in Imamiyyah Jurisprudence and Contemporary Iranian Law

Abstract

The rule of Ma Yuzman (that which entails liability) and Ma La Yuzman (that which does not entail liability) is one of the significant doctrines in Islamic jurisprudence, primarily concerned with determining liability or non-liability and civil responsibility in transactions and contracts. Despite its well-established position in jurisprudential sources, the practical application of this rule faces considerable challenges. These include the precise articulation of the concept of liability in non-delivered transactions, the extent of the rule’s influence on tortious liability, and its compatibility with contemporary legal concepts. This article adopts a critical-analytical approach to examine the foundations of the rule, assess the doctrinal disagreements among Imamiyyah jurists, and analyze its application in the Iranian legal system. The research method employed is descriptive-analytical, based on library sources, and the presented analyses are grounded in rigorous jurisprudential reasoning and systematic comparative critique. In this regard, the relationship between the rule of Ma Yuzman and other rules such as Tasbib (causation), Ghorur (deception), and Itlaf (destruction) is explored, and the strengths and weaknesses of relying on this rule in civil liability claims are critically assessed. Furthermore, the paper highlights existing jurisprudential and legal challenges, emphasizing the need to revisit the concept of liability in light of modern economic and transactional developments. It also offers recommendations for enhancing theoretical precision and ensuring proper application of the rule within the Iranian legal framework. This study aims to demonstrate that without a precise redefinition of the rule’s components and a clear delineation of its conceptual boundaries, effective and transparent invocation of the rule in modern legal contexts remains unattainable.