Islamic Law

Islamic Law

the role of natural factors in causation

Document Type : Original Article

Author
associate professor of criminal law and criminology, a member of law faculty of university of Qom
Abstract
Whenever an accident is caused by the combination of human and natural factors, we are faced with various forms that can have different rulings and be different from the combination of human factors. This article uses a descriptive analytical method to find the rulings of these different forms. If a person intended the result, that is, the occurrence of the accident, or had knowledge of it, there is no doubt that all responsibility falls on him. Among the two cases where a person has ignorance or suspicion of the occurrence of the accident, due to the limitations of the article, only the case of ignorance, which is the most controversial, has been examined Among lawyers and Islamic jurists, both Shia and Sunni, there are three views: all responsibility falls on the human factor, denial of responsibility from the human factor and attributing the accident to both factors, and considering a portion of the responsibility on the human factor, which is the latter view approved in the article
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