Independence in Civil (Non-Criminal) Responsibility: A Comparative Study of Vizr Rule in Imamiyyah Jurisprudence & Independent Responsibility in International Law

Document Type : Academicm and Research

Authors

1 Assistant Prof., International Law, Faculty of Law, University of Qom, Qom, Islmic Republic of Iran .

2 PhD, Private Law, University of Qom, Qom, Islamic Republic of Iran.

Abstract

Independence in responsibility is considered as requisite by reason and justice; hence, it has been identified by many legal systems under different titles. Of course, its existence in the legal systems, does not mean the sameness of its extension in all of them. Independence in responsibility implies that each person is responsible for the action he has committed. In the absence of international criminal responsibility for the states, independent international legal responsibility is based on its own requirements. The study investigates independent responsibility by “vizr rule” in Imamiyyah jurisprudence and independent responsibility in the International Law Commission of the United Nations, as a scientific body for the gradual development of international law that it makes the teachings and ideas of Islamic law play a far greater role in the development of international law. This way, not only would it contribute to the enrichment of international law and make the international legal system more efficient, it would also help the spread of Islamic countries profits, specially, Iran.

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