Matin Research Journal

Matin Research Journal

An Examination of the Rule of Ghurur in Municipal Civil Liability with an Emphasis on the View of Imam Khomeini (RA)

Document Type : Original Article

Authors
1 , Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
2 Assistant Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
10.22034/matin.2026.574534.2428
Abstract
The expansion of municipal responsibilities in the implementation of public and urban development projects often results in the acquisition of private land and the infringement of property rights. A key issue arises where the conduct, representations, or omissions of a municipality create misleading reliance and deception on the part of the property owner. In such circumstances, determining the legal basis of municipal civil liability and the relevance of jurisprudential principles becomes essential.

This study examines the applicability of the Rule of Ghurur (deception) as a foundation for municipal civil liability, with particular emphasis on the jurisprudential views of Imam Khomeini (RA) within Imami jurisprudence. The main research question is whether a municipality, upon the realization of Ghurur, bears liability for compensating the damages suffered by the property owner.

Using a descriptive–analytical method and drawing on jurisprudential and legal sources, the findings demonstrate that, according to Imam Khomeini’s analysis, the elements of Ghurur apply equally to natural and legal persons. Accordingly, a municipality acting as the deceiver (Ghar) is liable for compensation. Moreover, the Rule of Ghurur constitutes an independent basis for municipal civil liability, capable of addressing the limitations of Itlaf and Tasbib
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Articles in Press, Accepted Manuscript
Available Online from 09 June 2026