Jurisprudential Study of the Guarantee Causedby the Transmission of Infectious Diseases

The outbreak of epidemic diseases with their mortality is considered a threat to health security. Therefore, controlling patients' behavior, restricting them and thus preventing pandemic in the community is one of the important issues in the field of medicine. In this regard, one of the strategic measures in disease control is to pay attention to civil-criminal liability and the guarantee issues raised by the transmission of this type of diseases. Accordingly, the coming question is that according to the religious teachings, if the duties of citizenship are not observed and the contagious disease is transmitted to others, what are the responsibilities of the transmitter? Will there be any guarantee to the transmitter due to the damages he causes by the disease transmission? Although it seems certain to compensate for the documented damage by the transmitter of the disease, but problems such as: the fatality of the disease, the knowledge and ignorance of the parties to the infection bring about some difficulties in obtaining, documenting and proving the type of  responsibility and the resulted guarantee. Therefore, in the present article, employing the analytical method and using library sources different forms of transmission are studied, concluding that if a person is aware of his disease and its fatality and deliberately causes another's death by transmitting the disease, his action is view of Master Javādi Āmoli on the role and contribution of reason in this field.