Culmination of Law

Culmination of Law

Manifestations of the community of cause and steward in judicial procedure in terms of Islamic penal code 1370 and 1392.

Document Type : Original Article

Authors
Seyedreza Hoseini 1
Seyyed Hossein Hashemi 2
َAhmad Haji Deh Abadi 3
1 PhD Student, Department of Criminal Law and Criminology, Qom Branch, Islamic Azad University, Qom< Iran
2 Associate Professor and Faculty Member of Law at Mofid University, Qom, Iran
3 Associate Professor and Faculty Member of Farabi Campus University, University of Tehran, Qom, Iran
10.22034/thdad.2023.2005390.2528
Abstract
Committing a crime may happen with the help of a supervisor, or with the help of an agent, or the association of a cause and an agent, and the level of responsibility of the perpetrators is of great importance in jurisprudence and criminal law. From the point of view of jurists, in the society of the cause and the steward, the principle is the responsibility of the steward, and the issue of legitimacy is raised, which the Islamic Penal Code of 1370 is based on. Is located. In the Islamic Penal Code of 1370, in the association between the cause and the guardian, the guardian was the guarantor unless the cause was strong. or share and the issue of distribution of responsibility was brought up and the legislator in 2013 in the discussion of the community of cause and effect easily disagreed with the opinion of the famous jurists and ignored the issue of legality on which there was even a claim of consensus among the jurists, which showed signs of changes in the procedure. We consider judicially.
Keywords
The cause
the association of the cause and the steward
the stronger cause than the steward
distributive responsibility
relative guarantee
Subjects
Bojnourdi Seyyed Mirza Al-Qawa'id Al-Fiqhiyah Vol. 2 -
Haji Dehabadi Ahmad Article on Changes in the Rule of Association of Cause and Beneficiary - Journal of Private Law Volume 16 - Issue 1 - Year 98
Hosseini - Seyyed Reza - Judgment No. 99997042530042 Published by the branch under the authority of the author of this article
Khomeini - Ruhollah - Tahrir al-Wasilah - Vol. 2 - Qom - Dar al-Ilam - Bi-Ta
Khoui - Seyyed Abul-Qassem - Fundamentals of the Completion of the Course of Study - Qom - Institute for the Revival of the Works of Imam Khoi Vol. 41 and 42
Supreme Court of the Republic - Judgment No. 99997042530042
Katouzian - Letter - Non-contractual Obligations - University of Tehran
Makarem Shirazi - Letter - Referendum No. 633018 by the author from him in 2018
Najafi - Mohammad Hassan - Jawaher al-Kalam - Edition 7 - Dar Ihya al-Turaht al-Islami
Hashemi - Seyyed Hossein - Article on Tasbib Printing Published in the Encyclopedia of Criminal Sciences - under the supervision of Dr. Ali Hossein Najafi Abrandabadi
Culmination of Law
Volume 11, Issue 3
Winter 2026
Pages 261-291