The Jurisprudential and Legal Study of the Jobar Maxim

One of the essential factors in the discussion of liability is the necessity of establishing a causal relationship. This requires that the resulting harm must be attributable to the conduct of an individual in order to hold them liable for that consequence. Accordingly, if the owner of an object has no fault in relation to it, any crime or damage caused by that object to another will not be attributed to the owner. In other words, mere ownership of an object or being responsible for it will not be sufficient to ascribe a crime to the owner and make them liable. This lack of liability for the owner’s control over an object is referred to as “Jobar” in Islamic jurisprudence. Regarding this principle and its implications, in addition to narration articulated by the Prophet Mohammad (Praise of Allah and People be Upon Him) known as “Hadith Jobar”, there are other religious narratives that, in cases where the owners of objects that are fully under their control have not committed any fault or negligence, do not attribute crimes and damages resulting from those objects to their owners. Nevertheless, considering the reflection of the content of this principle in certain articles of the Islamic criminal law code of Iran, such as Articles 500, 505, 511, 512, and 520, an examination of the aforementioned principle can establish criteria for not attributing crimes and damages to the owners of objects based on customary norms.