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Information Journal Paper

Title

CIVIL RESPONSIBILITY OF INCONCLUSIVE CAUSE WITH AN APPROACH TO ISLAMIC CRIMINAL CODE 1392

Pages

  413-442

Abstract

 There are three essential elements to identify the responsibilities of each party; loss, harmful act, and causality relation between the act and losses among which the third element has special importance and lack of proving this element is considered as the lack of responsibility. It is very difficult to prove this relation in the presumption that agent of loss is inconclusive among specified persons. Some scholars believe that because of the lack of evidence to prove causal relation between the loss and act of specified person there is no responsibility that does not seem to be according to justice. But it is presumed here that there is a causal relation, therefore responsibility can be proved and the only issue is that losing acts performed simultaneously so it is probable to attribute loss to each individual. So, by proving responsibility, different methods are suggested considering COMPENSATION FOR LOSS. Some scholars have accepted the option that judge is free to choice the responsible person; others believe that compensation should be paid out of beit ol-māl. Again some others believe that the final responsible person should be specified by drawing lots. Another group states that relying on equity rule; it is possible to distribute responsibility among individuals. It has not clearly stated in Statute law but exact analysis of this subject and existence of some backgrounds in relation to INCONCLUSIVE CAUSE in Islamic criminal law (article 477 and 479) and possibility to generalize this issue to CIVIL RESPONSIBILITY of INCONCLUSIVE CAUSE show that equal responsibility of agents of loss conforms more with the view of supporting loser and equal distribution of loss.

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  • Cite

    APA: Copy

    KALANTARI KALIL ABAD, ABBAS, & SOLEYMANI PAI TAQ, SAIDEH. (2015). CIVIL RESPONSIBILITY OF INCONCLUSIVE CAUSE WITH AN APPROACH TO ISLAMIC CRIMINAL CODE 1392. ISLAMIC JURISPRUDENCE RESEARCH, 11(2), 413-442. SID. https://sid.ir/paper/221006/en

    Vancouver: Copy

    KALANTARI KALIL ABAD ABBAS, SOLEYMANI PAI TAQ SAIDEH. CIVIL RESPONSIBILITY OF INCONCLUSIVE CAUSE WITH AN APPROACH TO ISLAMIC CRIMINAL CODE 1392. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2015;11(2):413-442. Available from: https://sid.ir/paper/221006/en

    IEEE: Copy

    ABBAS KALANTARI KALIL ABAD, and SAIDEH SOLEYMANI PAI TAQ, “CIVIL RESPONSIBILITY OF INCONCLUSIVE CAUSE WITH AN APPROACH TO ISLAMIC CRIMINAL CODE 1392,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 11, no. 2, pp. 413–442, 2015, [Online]. Available: https://sid.ir/paper/221006/en

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