The Rule of Respect, a Basis for Civil Responsibility of Muslims toward Each Other

Jurists have tried to introduce the juridical institution of automatic guarantee in various forms such as “wasting”, “causing”, “chances of gain or loss”, “the rule of possession”, “infringement”, “negligence”, and other instruments. They have not clarified, however, that whether these rules are bases to determine the responsible or to specify responsibility. In the present study, having distiguished the two bases, the author has intrdouced the rule or respect as the basis for responsibility of Muslims toward each other and the rule of no harm as the basis of responsibility for non-Muslims. The main and essential difference between two bases is that, in addition to be obliged to not harm each other’s properties, lives, and fames, Muslims are obliged to perform positive actions to fulfill the above obligations; while, toward non-Muslims, they are only negatively obliged and they should not harm their lives, properties, and fames.