Equivalent Compensation (Ajrat al-Mithl) in Statutory Law and Imamiyyah Jurisprudence

"Ajrat al-Mithl" (equivalent compensation) serves as a key legal mechanism for indemnification in cases of unauthorized use of another’s property or benefits. It holds a significant place in both Imamiyyah jurisprudence and Iranian statutory law. This article explores the jurisprudential foundations of Ajrat al-Mithl, its legal status in Iranian laws—particularly the Civil Code and the Law of Civil Liability—as well as judicial practices. It analyzes the distinction between Ajrat al-Mithl, contractual rent, named wage (Ajr al-Musamma), and involuntary liability. Findings show that Ajrat al-Mithl is a standalone legal institution rooted in the principle of "La Darar" (no harm) and the doctrine of compensation. It is recognized in judicial practice as a tool for ensuring the rights of the aggrieved.

کلیدواژه ها:

Ajrat al-Mithl ، Imamiyyah jurisprudence ، Civil Code ، La Darar principle ، involuntary liability ، lease ، usurpation