Document Type : Research/Original/Regular Article

Authors

• Mahmoud Kazemi ¹
• Ali Ghesmati Tabrizi ²

¹ Department of Private and Islamic Law, Faculty of Law and Political Sciences, Tehran University, Tehran, Iran.

² عضو هیأت علمی دانشگاه سمنان

Abstract

What happens if more than one person is blamed for causing an injury? It is clear that the liability must be divided between them, but the problem is the criterion of apportionment. Should the liability be apportioned equally or differently? If the latter is true, how the share of anyone is determined? In foreign legal systems, there are different ideas in this regard, and finally, it is up to the court to apportion the damages fairly. Islamic law has accepted the theory of equality of liability. After the approval of the Islamic Penal Code, this view entered into the law of Iran, but the jurisprudence with the justification that the theory of equality is based on the assumption of the equal effect of each of the tortfeasors accepted the possibility of proving otherwise and accordingly, each share was determined based on the extent of its impact on the occurrence of loss. The Islamic Penal Code in 1992, under the influence of existing doctrine and jurisprudence, accepted this view in Articles 526 and 527, while in Articles 453, 528, and 533, the theory of equality of responsibility has been followed. In this article, we have tried to explain the foundation of the theory of equality in Fiqh and its results in interpreting the Islamic Penal Code.

Keywords

• Equality of liability foundation
• Qaaresa
• Participation in Loss
• Sabab &
• Mobasher

Main Subjects

• Civil liability Law