Abstract

Among very important and influential issues involved in automatic liability are two issues of “combination of perpetrator and cause” and “combination of multiple causes” in committing  loss. Article 526 of Islamic penal code covers the former while Articles 533 and 535 address the latter. However, there are two important criticism that can be raised against the legislator: first, the legislator fails to hold one stance in these articles; and second, provisions of the said articles are intrinsically problematic and questionable. Explaining the reasons of and providing a critical analysis of the change of stance of legislator in the said articles, this research provided a comparative study and suggested the view we deemed to be better in terms of quality of liability of multiple perpetrators of loss.

 

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