Civil Responsibility from Enforcement of Rights in Iranian Law and Imami jurisprudence by a Glance at Qur'anic Doctrines

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AZADI ALI; HAYATI ALI ABBAS; Malekiyan Mohammad

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Paper Information

Journal: QURANIC STUDIES QUARTERLY (FADAK, QUARTERLY OF RELIGIOUS RESEARCH AND QORANIC BIBLIOGRAPHY) Year:2022 | Volume:12 | Issue:48 Page(s): 127-147

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Information Journal Paper

Title

Civil Responsibility from Enforcement of Rights in Iranian Law and Imami jurisprudence by a Glance at Qur'anic Doctrines

Author(s)

AZADI ALI | HAYATI ALI ABBAS | Malekiyan Mohammad | Issue Writer Certificate

Keywords

harm

no-harm rule

domination rule

right enforcement

Abstract

According to the rules of civil responsibility, anyone who harms another, must be able to compensate. But if someone harms another along with administrating justice, is also responsible for the loss? In Islamic jurisprudence, the mentioned issue has been studied under the title of conflict between the no-harm rule and the domination rule and to sum up the theory has been strengthened that the no-harm rule governs the domination rule. In the case rights, the legislature has stated this in Article 40 of the Constitution and Article 132 of the Civil Code,by analyzing law principles it is concluded that if someone takes possession of his right that causes another one trouble and hardship, he is responsible, he would be prohibited of his possession if these seizures are not necessary for him legally.

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APA: Copy

AZADI, ALI, HAYATI, ALI ABBAS, & Malekiyan, Mohammad. (2022). Civil Responsibility from Enforcement of Rights in Iranian Law and Imami jurisprudence by a Glance at Qur'anic Doctrines. QURANIC STUDIES QUARTERLY (FADAK, QUARTERLY OF RELIGIOUS RESEARCH AND QORANIC BIBLIOGRAPHY), 12(48 ), 127-147. SID. https://sid.ir/paper/1033028/en

Vancouver: Copy

AZADI ALI, HAYATI ALI ABBAS, Malekiyan Mohammad. Civil Responsibility from Enforcement of Rights in Iranian Law and Imami jurisprudence by a Glance at Qur'anic Doctrines. QURANIC STUDIES QUARTERLY (FADAK, QUARTERLY OF RELIGIOUS RESEARCH AND QORANIC BIBLIOGRAPHY)[Internet]. 2022;12(48 ):127-147. Available from: https://sid.ir/paper/1033028/en

IEEE: Copy

ALI AZADI, ALI ABBAS HAYATI, and Mohammad Malekiyan, “Civil Responsibility from Enforcement of Rights in Iranian Law and Imami jurisprudence by a Glance at Qur'anic Doctrines,” QURANIC STUDIES QUARTERLY (FADAK, QUARTERLY OF RELIGIOUS RESEARCH AND QORANIC BIBLIOGRAPHY), vol. 12, no. 48 , pp. 127–147, 2022, [Online]. Available: https://sid.ir/paper/1033028/en

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