Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Examining the Civil Responsibility of the Mojmal Objects in Iranian Jurisprudence and Law and Explaining the Ways out of It

Document Type : research

Authors
1 PhD student in the Department of Law, Shahr-e-Qods Branch, Islamic Azad University, Tehran, Iran.
2 Assistant Professor, Department of Law, shahr-e-Qods Branch, Islamic Azad University, Tehran, Iran.
3 Assistant Professor, Department of Private Law,, khorasgan Branch, Islamic Azad University, isfhan, Iran.
10.22034/ejs.2024.430562.1631
Abstract
Background and Aims: General means and methods of determining compensation is one of the controversial issues. The purpose of this article is to examine the civil liability of the objects of Mojmal in Iran's jurisprudence and law and to explain the ways out of it.
Materials and Methods: This article is theoretical, descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: When the cause is general, there is no doubt or dispute regarding the fact that there is responsibility and the damage of the accident must be compensated. But there is a dispute regarding the compensation method. The solution of the judge's discretion in requiring each of the surrounding assets to compensate for damages, although it is compatible with Shari'a beliefs, but it is not a suitable and ideal solution as it causes confusion and disorder and chaos. The lottery rule is not very fair. This point of view caused the legislator to remove the lottery rule in the 1392 Islamic Penal Code.
Conclusion: Regarding the solution of paying damages from Baitul Mal, considering that the legislator has mentioned this solution in many cases, but it seems that the solution that is more compatible with legal principles and rules by considering reason, fairness and justice is among the proposed solutions. Sharing the responsibility equally among all means of luxury and paying damages on behalf of all means of luxury.
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