Rethinking about the Criteria, Scope and Guarantee for the Implementation of Principles of la darar and la dirar

In this article, the criteria, scope and guarantee for the implementation of principles of la darar and la dirar have been reconsidered. This study is aimed at determining the criteria which indicates whether darar and dirar have occurred and finding the guarantee for the implementation of these two principles. We faced this question that what are criteria, scope and guarantee for the implementation of principles of la darar and la dirar? It was made clear in this research that the criterion in darar is the harm itself and in la dirar is unusualness to exercise a right. The scope of la darar is in any ruling which causes harm while the scope of la dirar is only where a right is exercised. The guarantee to implement the principles of la darar and la dirar is through negating the related ruling and if a right has been misused and, as a result, some harm has been afflicted upon an individual, the losses could be recompensed through general laws of civil liability after the legal exterior is removed and the action is proven to be have been forbidden. In fact, dirar theory and misuse of rights is among the rules which paves the way for civil liability and is not considered a separate foundation to issue a verdict to recompense damage/loss. Based on this, referring to la darar principle to issue a verdict to compensate damage/loss is unjustifiable.