Comparative analysis of civil liability rules in the islamic penal code of 2013 with general civil liability rules

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Ahmadi Bafrouee Smail; Mansouri Seyyed Mahdi; Sediqian Amir Mohammad; Hashemi Bajgani Seyyed Jafar

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Paper Information

Journal: Journal of Law and Political Studies Year:2025 | Volume:5 | Issue:1 Page(s): 50-68

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Title

Comparative analysis of civil liability rules in the islamic penal code of 2013 with general civil liability rules

Author(s)

Ahmadi Bafrouee Smail | Mansouri Seyyed Mahdi | Sediqian Amir Mohammad | Hashemi Bajgani Seyyed Jafar | Issue Writer Certificate

Keywords

Negligence

Causal Relationship

Damage

Islamic Penal Code

Civil Liability

Abstract

Civil liability has always been one of the important and influential topics in legal cases, especially considering that there are multiple laws in this area in our country. Given that the Islamic Penal Code also addresses this important issue, analyzing and comparing its rules with general Civil Liability rules are significant. This research employs a descriptive-analytical method to explore the mentioned topic. As a general rule, general Civil Liability rules include liability without fault and liability based on fault. However, by examining the legal provisions included in the Islamic Penal Code of 2013, it was concluded that liability arising from buildings is based on fault, while liability arising from animal actions is based on fault, considering the presumption of fault in specific cases. Additionally, the responsibility of physicians, according to new regulations, is based on fault, although it is suggested that it should be liability without fault. Furthermore, the legislator has also considered liability without fault in criminal regulations and sometimes regards intentionality as sufficient for establishing Civil Liability, and the basis for reference is another one of those cases where criminal fault should also be added. Therefore, there is not a complete alignment between general Civil Liability rules and those in the Islamic Penal Code of 2013, and in each case, specific legal provisions and rules must be taken into account.

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