A Study of the Rule of Beneficence in Extinction of Civil and Criminal Liability in Law and Islamic Jurisprudence with an Approach Based on Imam Khomeini’s Views

Document Type : Original Article

Author

PhD (Jurisprudence and Principles of Islamic Law), Islamic Azad University, North Tehran Branch, Tehran, Iran

Abstract

The rule of beneficence, as one of the elements for extinction of liability, is practiced both in Imamiyah jurisprudence and civil law. By virtue of this rule, when a person imposes harm to life or property of another person with an intention of doing good, in case of taking required precautions and observing legal regulations by the doer, he shall not be a guarantor and must be exempted from liability. This work, developed through a descriptive-analytical method, intends to identify fundamentals and links of this rule with other jurisprudential and legal principles. Findings of the paper indicate that benefaction both encompasses the concept of prevention of harm or loss and gaining legal profits. Therefore, in terms of charitable work, it may be practiced vis-à-vis general public, certain persons, and even the doer himself. As in terms of the effect of the rule of beneficence on removing obligations resulting from civil liability, it can be clearly expressed that the benefactor is not obliged to indemnify damages. Besides, given the existence of the rule of beneficence, he must be exonerated from criminal liability.

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References

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