Civil liability includes the discussion of 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 the damage is responsible for the damage caused to the damaged person 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 different 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 criterion for guarantee? The jurists have stated the rules and criteria for guarantees in different chapters and may have ruled on guarantees on a case-by-case basis. Civil liability in Islamic jurisprudence can be examined in four areas: 1) Civil liability resulting from the act of the obligee; 2) Civil liability resulting from non-obligatory act; 3) Civil liability arising from property such as animals and vehicles; 4) Civil liability regarding the loss of life and limbs. From the point of view of Islamic jurisprudence, the basis of civil liability is compatible with the theory of risk and is not compatible with the theory of fault and guarantee of rights. The theory of risk regarding civil liability provides three basic elements for guarantee: the harmful act, the loss and the causal relationship between the act and the loss, whether the act is due to fault or due to mistake.
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