COMPARATIVE STUDY OF MISTAKE OF "DAR RULE" IN SHI?A JURISPRUDENCE, IRANIAN LAW AND BRITISH LAW

Propounding of different views as to rules of rub off punishments - for example "Dar’ Rule" - causes ambiguity, interference, and contrariety between judicial decisions. This article has an intention to explain the different opinions about standard of mistake in "Dar Rule" in shia jurisprudence, Iranian law and British law and then criticizes evidences of them and presents the valid viewpoint. Also we compare that subject with making a mistake about legal, material and psychological elements of crimes in Iranian law. Furthermore, this article studies comparatively theoretical aspects of influence of this mistake in those legals system.