Abstract

The present study examines juridical aspects of principle of no loss. The major basis of this principle is justice. Perhaps because of this reason, “principle of no loss” has priority over the rest of arguments like private and public and etc. Or it has control over generality and universality and applicability of arguments. And here, the view of jurists and lawyers is different at giving right prejudicial or give it to the injured party. This is the assumption that has been considered in most verses and hadith evidence of the principle of no loss. This indicates that “the idea of changing circumstance” before known in European rights, it had known at the rights of Islamic law centuries ago. Regarding to the views of Sunni religious leaders and scholars after them-it is clear that Sunni jurisprudence has no clear criteria for principle of no loss. Although, in many cases, Sunni religious leaders have considered the nature of the harm, but because in practice the current principle could not solve all of the issues and problems, therefore, they have resort other criteria and finally they resort to preference and correction.

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