Distribution of Civil Liability Based on the Amount of Fault in Multiplicity of Accidental Causes from the Perspective of the Jurisprudence of Ahl al-Bayt
The distribution of liability is one of the most complex discussions related to civil liability. It is difficult to know the contribution of each multiple causes (grounds), because of the fact that there are usually multiple means involved in the development of harmful acts in the creation of the incident and the distribution of liability. The most Shīʿite jurists have adopted the theory of equality in multiplicity of causes, but some contemporary jurists have chosen the theory of distribution of liability based on the extent of guilt without critiquing its fundamentals and challenges. This is the reason that this article is written to explain the position of theory in the jurisprudence of Ahl al-Bayt (Arabic: اهل البیت, the family of the Prophet) and examine its fundamentals and jurisprudential challenges. Examining the proofs such as the verse of holy Quran 2:194 and the principle of precaution, it is resulted that although the proportion of fault cannot be considered as the main theory of distribution of liability, but it can be considered as a secondary and supplementary theory.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.