Liability of the Organizers of Traveling and Gathering During COVID-19 Pandemic Outbreak in Imamiyyah Jurisprudence

Abstract

Traveling and Ṣilat al-raḥim (Arabic: صِلَةُ الْرَّحِم - literally: the Womb-Ties which means associating and meeting with relative and helping them) are issues that have always been emphasized by Islam but experts say travel and gatherings in the coronavirus (COVID-19) pandemic cause widespread spread of the virus and cause a large number of people, resulting in financial and life losses. Accordingly, the responsible and the liable people for the compensation of these losses will be those who start to these trips and gatherings. These people are responsible and liable for compensation for the damages incurred from the perspective of the Shīʿa jurisprudence. The findings of this research which have been written with descriptive analytical method and by studying and pondering Shīʿa jurisprudential main texts indicate that according to the views of jurists and rules such as rule of “prohibition” of detriment (Arabic: لا ضَرَرَ, principle of harm), the prohibition of murder, waste and indirect causation of people who are infected with COVID-19 and are aware of their condition and they are responsible and liable for the damages if they attend a gathering and travel and inflict harm on others and unaware people are also responsible and liable for their infection according to the principle of precaution and the necessity of preventing loss (contingent damage) and the rules of warning (Arabic: تَحْذیر), domination and control, etc. cannot exonerate them from responsibility.

Keywords

• traveling
• gathering
• responsibility
• liability
• covid-19 virus