A Comparative Study of the Concept and Types of Damages in Iranian Law, Islamic Jurisprudence, and Common Law
Document Type : Academicm and Research
10.22091/csiw.2025.13810.2719
Abstract
Abstract
Proof of damages is a fundamental requirement for establishing civil and contractual liability. To succeed in a compensation claim, the plaintiff must demonstrate: the occurrence and type of damage, the harmful act or omission or breach of contractual duty, and the causal link between the defendant’s conduct and the resulting loss. Ambiguities in the definition, scope, and classification of damages particularly under Iranian law can complicate this process and potentially undermine the rights of the injured party. This comparative study examines the concept and types of damages in Iranian law, Islamic jurisprudence, and the common law system. Using a descriptive-analytical method based on library research, the study identifies points of convergence and divergence and offers suggestions for improving Iran’s legal framework. The findings indicate that damages encompass a broad range of losses, including property, health, reputation, opportunities, and foreseeable positions, and in some cases, the failure to realize these rights.
Keywords: Damage , Classification of Damages, Civil Liability , Contractual Liability, Islamic Law, Comparative Law
(2025). A Comparative Study of the Concept and Types of Damages in Iranian Law, Islamic Jurisprudence, and Common Law. Comparative Studies on Islamic and Western Law, (), -. doi: 10.22091/csiw.2025.13810.2719
MLA
. "A Comparative Study of the Concept and Types of Damages in Iranian Law, Islamic Jurisprudence, and Common Law". Comparative Studies on Islamic and Western Law, , , 2025, -. doi: 10.22091/csiw.2025.13810.2719
HARVARD
(2025). 'A Comparative Study of the Concept and Types of Damages in Iranian Law, Islamic Jurisprudence, and Common Law', Comparative Studies on Islamic and Western Law, (), pp. -. doi: 10.22091/csiw.2025.13810.2719
VANCOUVER
A Comparative Study of the Concept and Types of Damages in Iranian Law, Islamic Jurisprudence, and Common Law. Comparative Studies on Islamic and Western Law, 2025; (): -. doi: 10.22091/csiw.2025.13810.2719
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