Examining the Foundations of Civil Liability in Statutory Laws with Emphasis on the Islamic Penal Code

Abstract

Civil liability is a legal obligation and commitment of an individual to compensate for the harm inflicted upon another. One of the most fundamental issues in the realm of civil liability is the extent to which it aligns with social justice. Throughout history, legislators have consistently endeavored to establish laws and regulations based on principles of justice. One such regulation is the Islamic Penal Code, whose articles and foundations have been extensively employed by judges and legal scholars in the domain of civil liability law. However, a major obstacle to realizing this goal has been the lack of a comprehensive and functional standard for this purpose. In this regard, the Iranian legal system, following the enactment of the 2013 Islamic Penal Code (adopted in 1392 A.H. Solar), has witnessed significant developments concerning the basis of civil liability. Consequently, a renewed perspective on this issue is warranted. Through a descriptive-analytical approach to legal thought and statutory provisions, this study demonstrates that the Islamic Penal Code, from a theoretical standpoint, provides a considerable foundation for resolving matters related to the distribution of civil liability—such as the multiplicity of causes—and establishes a basis for civil liability that incorporates both fault-based and strict liability approaches.