Examination of the “La Darar” Rule in Divorce and the Civil Code with Emphasis on the Jurisprudential Thought of Imam Khomeini

Abstract

The “La Darar” (No Harm) rule, as one of the fundamental principles of Imamiyyah jurisprudence, occupies a special place in the interpretation and implementation of Islamic legal rulings and statutory provisions. Its role in preventing unjustified and intolerable harm within legal and familial relations has consistently attracted the attention of both jurists and legislators. One of the most significant areas of application of this rule is divorce, where the identification and assessment of harm may serve as the basis for judicial decision-making and verdict issuance. Given the importance of safeguarding women’s rights and preventing the infringement of familial rights, a meticulous jurisprudential and legal examination of this principle is deemed essential. The objective of this study is to analyze the jurisprudential foundations of the La Darar rule within Imamiyyah jurisprudence—particularly in the legal thought of Imam Khomeini—and to investigate its reflection in the Iranian Civil Code, especially Article 1130. The research methodology is library-based and analytical–comparative. In addition to the examination of authoritative jurisprudential sources such as Tahrir al-Wasilah and Jawahir al-Kalam, relevant statutes and judicial practices have also been reviewed. The findings indicate that, in Imam Khomeini’s view, the La Darar rule functions not merely as a means of eliminating individual harm but also as a principle for maintaining social order and achieving justice. This interpretive approach can serve as an effective foundation for the expansive interpretation of statutory provisions related to divorce. The novelty of this research lies in its integration of textual jurisprudential analysis with a comparative critique of the Civil Code and its proposal of reform-oriented recommendations aimed at strengthening legal protection for the aggrieved party in divorce proceedings.