Survey of Ta’ddy and Tafrit as Remover of Barrier of Civil Liability in Imamya’ Fiqh and its Difference With the Fault in Common Law

Abstract

This article seeks to examine the role of ta’ddy and tafrit in civil liability and that whether they are among the fundamentals and causes of the responsibility or eliminate the obstacle of civil liability and zeman. This has been discussed extensively. What famous jurists believe is that they are among the fundamentals and are same as the fault theory. But what looks proper is that there is difference between them and the fault theory. And it will play role only where there is a domination on other’s property and where there is already a trust relationship. It is going to destroy this relationship and remove the obstacle of being known as responsible.

Keywords

• abuse
• ta’ddy and tafrit
• civil liability
• warranty causes
• trust
• hand (domination)