Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Smart Contracts and Tort Liability Arising from the Automatic Execution of Obligations within the Framework of Imami Jurisprudence and Iranian Law

Document Type : research

Authors
1 Assistant Professor, Department of Islamic Law, Faculty of Judicial Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
2 Department of Private Law, SR.C., Islamic Azad University, Tehran, Iran
10.22034/ejs.2026.592847.2200
Abstract
Background and Objectives: The rapid growth of blockchain technology and the emergence of smart contracts have created profound challenges and opportunities for legal systems around the world. Unlike traditional contracts, smart contracts operate through self-executing algorithms and minimize human intervention, while raising complex questions about validity, enforcement, and liability. This article examines civil liability arising from the automatic execution of obligations in smart contracts, with a particular focus on the framework of Imami jurisprudence and Iranian law.

Materials and Methods: This is a theoretical study based on a descriptive-analytical research method.

Findings: Drawing on foundational principles of Islamic jurisprudence such as the rules of la darar (no harm), tasbib (causation), itlaf (destruction/cause of loss), and daman yad (liability based on possession), the article shows how classical jurisprudence can provide flexible mechanisms for allocating liability in emerging technological contexts.

Ethical Considerations: Throughout the preparation of this study, originality of sources, honesty, and academic integrity were observed.

Conclusion: A comparative analysis with Western legal systems also reveals similarities and differences in approaches to liability in algorithmic transactions. Ultimately, the article offers recommendations for legislative and judicial reform in Iran and emphasizes the need for specialized regulations and dynamic juristic reasoning (ijtihad) to ensure justice and predictability in the governance of smart contracts.
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Articles in Press, Accepted Manuscript
Available Online from 22 July 2026