Modern Jurisprudence and Law

Modern Jurisprudence and Law

Jurisprudence and legal examination of the methods of compensation for damages in the event of a summary of the cause

Document Type : Original Article

Authors
Mirzaali Ketabi 1
seyyed amir Daberi 2
mohammad hossain Najafi 3
Marzieh Pourkarim 4
1 Assistant Professor, Department of Islamic Studies, Urmia University, Urmia, Iran
2 Fourth-level scholar (PhD) of Jurisprudence and Principles of Qom Seminary
3 PhD student in private law, Azad University of Ardabil
4 Master of Jurisprudence and Law from Urmia University and University Lecturer
10.22034/jml.2026.731543
Abstract
In the Islamic jurisprudential and legal system, one of the complex issues is how to compensate for damages in cases where the cause of harm is known only in a general (non-specific) manner and it is not possible to determine the actual perpetrator among a specific group of individuals. This article, employing a descriptive-analytical approach based on library research, examines the jurisprudential and legal aspects of compensating a victim in the case of uncertain causation ("ijmāl al-sabab").The central question is this: if several people simultaneously and independently perform similar actions that collectively result in harm to a third party, but it cannot be proven exactly which individual caused the harm, how should the damages be compensated?The findings of this study reveal that there are diverse views among jurists and legal scholars on this issue. Some, citing the principle of personal responsibility, argue that in the absence of identifying the actual perpetrator, no one should be held liable. In contrast, another group supports collective or equal responsibility, asserting that all suspected individuals should compensate the damage either jointly or equally. Others, emphasizing corrective justice and the need to protect the victim, propose that compensation be made through public funds such as the treasury, insurance funds, or other communal resources. In some rulings, the solution of drawing lots (qur‘ah) has also been suggested as a method for determining liability.Ultimately, although each of these approaches has its own merits and shortcomings, the author argues that the requirements of justice and fairness call for recognizing equal and shared responsibility among all individuals identified within the scope of the general knowledge. This is particularly relevant in situations where a direct causal link cannot be individually established, but there is certainty that the harm was caused by one among the known group.
Keywords
Compensation for Damages, Probabilistic Knowledge (ʿIlm Ijmālī), Uncertain Causation (Sabab Mujmal), Civil Liability, Imami Jurisprudence, Iranian Law

Subjects