Comparative Study of Civil Responsibility for Animals in Islamic Law and Law of the West

Liability arising from acts of animals has been raised in human societies from old times. Although some assumptions of this responsibility, which is one of the forms of liability for objects, have been mentioned in certain laws in Iran, it has not been the subject of a separate investigation up to now. Owing to the usage of animals in urban and rural communities, this article, through a comparative approach, aims to study the foundation of liability in Islamic jurisprudence, legal systems of certain Islamic states, and that of France and England. Furthermore, certain examples of the liability arising from acts of animals such as escape and getting lost are not foreseen in Iranian law. Accordingly, through referring to Islamic jurisprudence and comparative law, it is attempted to determine the responsible in these assumptions. The result obtained is that this responsibility is not always based on the fault of the owner or the possessor of the animal and other bases such as absolute responsibility and obligation to safety are governing the civil liability for the acts of animals as well. Additionally, in damages resulting from acts of animals in cities or villages, the documentation on the responsibility of municipality and rural municipality is presented and the suggestion for distributing the responsibility among the responsible individuals "jointly" is offered in some assumptions.