Examining the Rule of “La-Zarar” in Damages Arising from Broken Engagements in Civil Law and the Viewpoint of Imam Khomeini

Abstract

The central question of the present study is whether the rule of La-Zarar (“no harm and no harassment”) can serve as a legal basis for claiming damages arising from the dissolution of an engagement (namzadi) under Iranian law, and how the Civil Code and jurisprudential interpretations—particularly the opinion of Imam Khomeini—offer guidance on this matter. The significance of this topic lies in the absence of an explicit legal provision concerning compensation for material and moral damages caused by the annulment or termination of an engagement. This legal gap has consistently led to divergent judicial practices and uncertainty for the aggrieved party. A correct interpretation of the La-Zarar rule and its proper application can fill important gaps in ensuring fairness and preventing irreparable harm between the parties. Using an analytical-comparative approach, this study first examines the relevant provisions of the Civil Code (Articles 1035–1040) and the jurisprudential texts related to the La-Zarar principle, with a particular focus on the opinions of Imam Khomeini. It then critiques the existing approaches and interpretations. The overall findings of the research indicate that the La-Zarar rule, both in Islamic jurisprudence and in Iranian statutory law, can be invoked as a legitimate basis for compensating certain damages resulting from the breaking of an engagement, provided that the harm is extraordinary and provable.