Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Jurisprudential Rules of "La Yabṭul" and "Al-Kharāj Bi Al-Ḍamān" and Their Intersection in Iranian Criminal Law

Document Type : Original Article

Authors
1 PhD Student, Department of Criminal Law and Criminology, Gorgan Unit, Islamic Azad University, Gorgan, Iran – lmrsad705@gmail.com
2 Department of Criminal Law and Criminology, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran
3 Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran
10.22034/jccj.2025.500519.1700
Abstract
The principles "Lā Yabṭul Damm 'Amri' Muslim" (The Blood of a Muslim Is Never Wasted) and "Al-Kharāj Bi al-Ḍamān" (The Benefit Carries Responsibility) are fundamental Islamic jurisprudential rules that play a significant role in Iran's criminal law system. The La Yubtal rule emphasizes the necessity of preserving rights and preventing the loss of human life, particularly by ensuring responsibility and compensation in crimes and offenses. In contrast, the Al-Kharaj bil-Daman rule is based on the principle of responsibility distribution and the obligation to compensate for damages, asserting that any form of benefit entails accountability for its consequences.

This study, adopting a descriptive-analytical approach, examines the scope, foundations, and applications of these two rules in Iranian criminal law and analyzes their intersection in achieving justice and compensation. The research hypothesis suggests that these rules, besides their independent roles, complement each other in certain cases and serve as a foundation for strengthening criminal justice and compensating victims.

Accordingly, the study seeks to answer the following questions: In which cases do these two rules intersect in Iran’s criminal law system? What interpretative and practical challenges exist in their application? And how can they be utilized to improve the compensation process in criminal law?

The findings indicate that the interaction between these two rules can enhance criminal justice and protect victims' rights. Finally, recommendations are provided to improve judicial and legislative practices.
Keywords

Volume 6, Issue 1
Winter 2026

  • Receive Date 18 January 2025
  • Revise Date 28 February 2025
  • Accept Date 01 July 2025
  • Publish Date 21 March 2026