Principle of No Action Can Arise From One’s Illegal Act: A Comparative Study of Islamic Jurisprudence and Iranian Law

One of the important issues which is usually neglected in the Iranian Legal literature is the impact of wrongdoing on rights of the wrongdoer from which would other they would have benefited. In the present paper we endeavor to address the complex issues by using analytical-library method which pertains to the legal doctrine of “ex turpi causa non oritur actio” what are the cases and examples and what is its legal effect. We have sought to base the said doctrine on Islamic canons and maxims, thus justifying its application under Iranian positive law. In response to the said questions and by using and analyzing the Islamic documents we came to the conclusion that the doctrine of clean hands under certain conditions has no inconsistency with the foundations of our legal system, and there exists adequate remedies for said doctrine in order to be applied.