Investigating Principles and Sources of the Necessity to Compensate for Non-profit Loss in Iranian Jurisprudence and Law

Some jurists and lawyers who consider non-profit as a loss, refuse to accept any compensation for the known and certain interests and view it as liable whereas some by considering it as a loss, make its compensation necessary. It should be noted that in jurisprudence, there has not been explicit agreement or disagreement on non-profit issue rather there are some examples, which in the indisputable tradition, is considered as missing benefit. For instance, imprisonment of an artisan which stunts his livelihood and daily activity, is an example of deprivation from gaining certain benefits and there are various perspectives regarding its liability. In this study, the attempt is to investigate the necessity to compensation for non-benefit loss in Jurisprudence and law and analyze the various perspectives that have been mentioned in this regard, and finally respond properly to the following questions:1. What are the principles and sources of compensation for non-profit loss in Islamic law?2. What are the principles and legal sources of non-profit loss in Iranian law?3. What are the most important terms of compensation for non-profit loss in Iranian jurisprudence and Law?4. What is the status of non-profit or possibly-obtainable benefits in Iranian jurisprudence and Law?

Keywords:

Loss , Non-profit , Damage , Jurisprudential and legal principles and sources of non-profit loss