The basis of civil responsibility in jurisprudence 1

Document Type : Original Article

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Researcher

10.22034/pf2.2023.100169.1006

Abstract

Civil liability is responsible for the guarantee of damages, defects and losses that a person causes to the body, rights or property of another person, in which case the cause of damage is responsible for the damage caused to the damage and in which cases he is not responsible for the damage caused. Undoubtedly, civil liability constitutes a very wide range both in terms of the scope of theoretical discussions in Islamic law, throughout Islamic jurisprudence in various chapters, a problem is dedicated to guarantee, and from a social point of view, a wide range of disputes is included in the realm of civil responsibility. . The concern of solving the social problem and the extent of its discussion in Islamic jurisprudence require that this discussion be taken into consideration. The main question in the issue of civil liability is the question of the basis of civil liability, what is the main standard and criteria for guarantee?
Muslim jurists have stated the rules and criteria for guarantees in different chapters, and they may have ruled on guarantees on a case-by-case basis. But with the expansion of the topics and theories raised in this regard, it is necessary to once again reread the basics of Islamic jurisprudence and look for the basis of civil responsibility.

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