Document Type : research
Authors
1
PhD student, Fiqh and Fundamentals of Islamic Law, Babol branch of Islamic Azad University, Babol, Iran.
2
Assistant Professor, Jurisprudence and Islamic Law Department, Babol Branch, Islamic Azad University, Babol, Iran.
3
Assistant Professor, Jurisprudence and Islamic Law Department, Babol Branch, Islamic Azad University, Babol, Iran
10.22034/ejs.2025.493387.1999
Abstract
Background and purpose: Explaining the meaning and components of the waiver of liability with emphasis on the teachings of Islamic law is considered a very necessary issue in Iranian statutory law. Since the waiver of liability in criminal matters, compared to civil matters, especially in terms of realism and applicability, is faced with ambiguity and lack of clarity, this research aims to explain the common issues of the effects of the waiver of civil and criminal liability of liability.
Materials and Methods: The present article is descriptive and analytical. The materials and data are also qualitative, and questionnaires were used to collect materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty, and trustworthiness have been observed.
Findings: Disambiguation of instances and effects on the subject of waiver of liability, in addition to applicability in civil law, has not been left out in laws with a criminal approach and has specific provisions on the topics of theft, waiver of physician liability, non-retaliation of murderers, and…
Conclusion: The unity of the criteria for the guarantee clauses in both civil and criminal areas is somewhat equal and does not differ much from each other. And the examples of guarantee clauses (permission, action, warning, kindness, trust), the unification of the process by relying on common examples and cognitive harmony in attitudes towards guarantee clauses is conceivable.
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