Liability for Violating Standards in Shia Jurisprudence and Iranian Law

Abstract

Standards are of critical importance for protecting public health and ensuring the integrity of transactions and the consistency of the quality of goods and services. Violation of standards can do significant harm to individuals and the society as a whole. Since people are entitled to the right of consuming goods with adequate safety and quality, standards themselves can be considered a civil right. The issue of damages and compensation in relation to the violation of standards has been addressed in Iranian law as well as Shia jurisprudence. In Shia jurisprudence, causing harm to others makes a person liable to coercive action and compensation. According to Article 1 of the Iranian Civil Liability Law, anyone who has intentionally or unintentionally caused material or moral damage to another person’s life, health, property, liberty, dignity, business reputation or any other right that the other person is entitled to by law is liable for compensation for the damages caused by his action. In this article, we examine the jurisprudential arguments that support the necessity of enforcing standards and the liabilities that arise from violation of standards in Iranian law. In this regard, Quran verses and hadiths call for accuracy and consistency in all matters, honesty in work, and respect for laws.  The Shia jurisprudential principles that call for the observance of standards include La-zarar (no-harm), Tasbib (causation), and Ghorur (deception). Therefore, there is a strong foundation in Shia jurisprudence for enforcing standards. However, Iranian law requires stronger laws with harsher punishment for violators to prevent negligence in complying with standards.