Distinct Ways of Compensating Financial Damages for Breach of Contractual Commitments in Shi'a and Ḥanafiyya Jurisprudence

In Islamic jurisprudence, the principle of incumbency (Lozum) of all contracts is accepted and the parties should fulfill their commitments (ta'ahhodāt). In cases where one of the parties of the contract does not fulfill its obligations, there is a breach and the breaching party must compensate the financial damage by returning the situation to the previous state. so; Examining compensation methods is of special importance.
In this research, using library studies and analytical-comparative methods, it has been tried to investigate the difference of opinions of Shi'a and Hanafi jurists in the methods of compensation for financial loss in terms of the object and the profits. In Shi'a jurisprudence, the person causing the loss is absolutely responsible for the financial loss, both in terms of the object and profits, and the margin of defects (ArshE 'oyub) and in the event of lesion (Ghabn) he is unconditionally responsible; However, Hanafi jurisprudence did not accept the guarantee of loss of benefits (ẕarare Manāfe') and the right to accept the deal and receive the margin (Arsh), and it has only and limitingly considered the option of lesion (Khiyare Ghabn) in the case of dissemble (Tadlis) as a right for the loser (Motaẕarrer) to cancel (Faskh) and terminate the transaction.








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The writers, by examining the opinions of jurists, according to the fundamental difference between the two views on the guarantee of benefits and the proof of margin, the condition

dissemble (Tadlis) is one of the important reasons for the issuance discrediting of narrations (Bi E'tebāriye Ṣoduriye Rewāyāt), the majority of the narrations in the narrative books of Sunnis unlike the Shia traditions, are not free of dissembler (Modalles) narrators. The abundance of intermediates, abandoning (Irsāl) and anxiety (Iẕṭirāb) in the muniment (Sanad) and the text of the narration is one of the common causes of the issuance debilitations between the shi'a and other Islamic schools of thought.