مسؤولية الحكومة الإسلامية الإيرانية تجاه المضحين بأنفسهم علي ضوء قاعدة "لا ضرر"

Abstract EN

During the imposed war, the Islamic State sent some individuals to the war in the form of military forces in order to exercise its sovereignty.

Some also voluntarily turned to the battlefield.

these people suffered losses in line with the measures for the survival of the country; The result is government liability for losses.

This is due to the no-harm rule and the acceptance of the theory of compensation.

By stating that most of the losses inflicted on the martyrs are spiritual losses.

Whether these losses are also subject to the rule of no harm, some jurists introduce the cause of custom as a criterion for identifying instances of harm, and custom also considers defects in any aspect of life as harm.

Therefore, considering the general denial of harm in Islam and the phrase "no harm and no harm" which is not in the structure of negation, also the interpretation of the rule by some jurists (the need to prepare harm), it should be said that there is no harm in Islam and the harm agent is responsible for compensation of its losses.

Therefore, all the injuries inflicted on the martyrs are examples of harm, according to the rule of no harm must be compensated.

Damages must also be compensated by the government from the public treasury; Because, just as all people benefited from the work of the martyrs, they must share in the losses