Claiming Compensation for Lost Opportunity in Light of the Islamic Legal Principle of “La Darar”: A Jurisprudential and Economic Assessment in Islamic Legal Systems

Baghernazari, Ali; Moghaddari Amiri, Abbas; Movahhedinia, Mahdi

doi:10.22034/ejs.2026.529579.2087

Claiming Compensation for Lost Opportunity in Light of the Islamic Legal Principle of “La Darar”: A Jurisprudential and Economic Assessment in Islamic Legal Systems

Articles in Press

Document Type : research

Authors

Ali Baghernazari ¹

Abbas Moghaddari Amiri ²

mahdi movahhedinia ³

¹ Private Law, Ara.C., Islamic Azad University, Tabriz, Iran.

² Assistant Professor, Department of Private Law, Jo.c., Islamic Azad University, Jouybar, Iran

³ Department of Jurisprudence and Fundamentals of Islamic Law, Edalet University, Tehran, Iran.

10.22034/ejs.2026.529579.2087

Abstract

Background and Objective:In Islamic legal systems, the concept of “loss of opportunity” as a form of non-pecuniary and potential damage does not hold a clearly defined position within the framework of civil liability. This study aims to analyze the jurisprudential and legal possibility of claiming such damages based on the Islamic legal maxim Lā Ḍarar (no harm), while also considering the economic implications of recognizing such liability.

Findings:Analysis of jurisprudential texts indicates that the Lā Ḍarar rule, by accepting a customary and economic interpretation of harm, allows for compensation of opportunity loss—provided that the damage is certain and a causal relationship between the defendant’s conduct and the lost opportunity can be established. Comparative findings also suggest that in many Islamic countries, such as Egypt, Iraq, and Saudi Arabia, legal or judicial approaches are gradually moving toward limited recognition of such compensation.

Conclusion:From both jurisprudential and economic perspectives, compensating for lost opportunities is justifiable in terms of promoting justice and enhancing economic efficiency. It is recommended that legislators revise existing laws to broaden the definition of “actual damage” and establish clear mechanisms for calculating probabilistic losses.

Keywords

Loss of opportunity

civil liability

probabilistic damages

loss of profit

causation

economic justice

Subjects