Associate professor of department of private and Islamic law, faculty of law, The University of Qom, Qom, Iran,
Abstract
Daman and civil responsibility are outcomes of a process that get perfected through a series of acts. Fight and legal principles and rules that perform certain functions within these institutions exert their effects within those processes. Their identity and function depend on the specific phase wherein they are effective. One of the Fiqh and legal rules that is certainly effective in the process of Daman and civil responsibility. While there is a consensus on the origin of this effect, its type and nature have been subject to various interpretations. Some scholars regard it as a basis of Daman and civil responsibility, while others regard it devising a public duty which in itself cannot cause Daman and civil responsibility. Yet, according to other formulations, this rule fulfills both functions. The present paper delves into detailed discussions made by outstanding. Twelver Shiite ulema in support of the duty-bound framework of this rule, hence their arguments proved tenable.