Jurisprudential analysis of absolute liability resulting from preventive measures of crime

Articles in Press

Document Type : Original Article

Authors

1 PhD student in Islamic Jurisprudence, Yasouj University, Yasouj, Iran.

2 Associate Professor of Islamic Jurisprudence, Yasouj University, Yasouj, Iran. (corresponding author)

3 Assistant Professor of Islamic Jurisprudence, Yasouj University, Yasouj, Iran.

4 Associate Professor of Islamic Jurisprudence, Yasouj University, Yasouj, Iran.

Abstract

The use of preventive measures is applied in order to prevent the commission of crimes by law enforcers or other members of the society, which can be considered as a weapon to prevent the occurrence or repetition of crimes. However, due to the possibility of abuse and profiteering from taking these measures, as well as disrupting the correct process of applying the law, it is necessary to define the limits and responsibilities resulting from it; Because considering the lack of transparency and comprehensiveness of the legislator's approach regarding the nature, causes and conditions of preventive measures as well as the resulting responsibility, the ground for disagreements and abuses has been prepared. Considering the two approaches in the issues of warranty and the relationship of attribution, some believe that the warranty is due to the application of preventive measures in an absolute and only document based on the loss. But others consider the responsibility resulting from these typesof actions to be subject to certain conditions. The current research, relying on the foundations of jurisprudence and inspired by legal articles, examines the nature of absolute responsibility in the form of "precautionary guarantee" approach in the field of crimes caused by preventive measures. It is assumed that these types of measures can create guarantees and responsibilities in terms of criteria and can be assigned the title of "responsibility or guarantee".

Keywords

Journal of Studies in Islamic Law & Jurisprudence

Articles in Press, Corrected Proof
Available Online from 14 March 2025

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