The Feasibility of Relying on No- Harm (La Zarar) Rule as a Basis for the Option of Deception (Emphasizing the No-Harm (La Zarar) Involvement in the Absent Affairs)

Sharifi, Mostafa; Ghaboli Dorafshan, Mohammad Taghi; Elmi Sola, Mohammad Reza

doi:10.29252/jlr.2021.184105.1407

The Feasibility of Relying on No- Harm (La Zarar) Rule as a Basis for the Option of Deception (Emphasizing the No-Harm (La Zarar) Involvement in the Absent Affairs)

Document Type : Original Article

Authors

mostafa sharifi ¹

mohammad taghi ghaboli dorafshan ²

Mohammad Reza Elmi Sola ²

¹ Ph.D. student of Ferdowsi University

² Associate Professor of jurisprudence, Ferdowsi University

10.29252/jlr.2021.184105.1407

Abstract

One of the most important positive arguments in the legitimacy of the option of deception is to adhere to the “La Zarar” rule. The correctness of citing “La Zarar” in this issue is based on “La Zarar” comprising non-existential decrees (absent affairs), which has been the subject of controversy among the opinions of Imamiye jurists. The necessity of the discussion is that, assuming the proof of the rule in non-existential decrees (absent affairs). This capacity can be used to answer various jurisprudential issues and challenges. Therefore, the present article in a descriptive-analytical study has re-read the jurisprudential arguments and documents and while examining the possibility of invoking harm in order to legitimize the option of deception, has analyzed and criticized various opinions in the field of proving this rule.

Keywords

Absent Affairs

La Zarar Rule

Option of Deception

Positive Decree

Subjects