Analysis of the mechanism of the principle of causality in Islamic criminal law with an approach to the Islamic Penal Code 1392

Document Type : Original Article

Authors

1 staff of Qom university

2 جامعه الزهرا

10.22091/rcjl.2025.12759.1182

Abstract

The principle of causality is one of the most important principles among the concepts of existence. This principle has a very important place in law and, of course, criminal law. However, there are significant contradictions and ambiguities in the criminal rules governing causality and establishing the attribution between the defendant's behavior and the effects that occurred. Lawyers have explained the concept of causality in criminal law in the form of theories with two approaches: material attribution and common sense attribution.

Of the two material and common sense approaches, the latter approach is certainly in line with the nature and goals of criminal law. However, in examining the works on the field of causation in criminal law, a detailed theoretical explanation of the nature of the principle of causation and its related concepts and how to establish the attribution relationship by common sense, is not considered. Also, the existing works have not yet addressed many issues facing criminal law, including the multiplicity of causes and effects of crime, complicity and intervention in criminal groups, omissions , etc., and have not addressed the solution of the problem.

In this study, the author, by citing library sources, has reached an explanation of the nature of the causal relationship in criminal law that includes the possibility to explain how to establish the relationship of common sense attribution as well as solving the challenges of criminal law in issues related to causality. This explanation has been achieved by relying on the theory of "reconstruction" (Etebaryate) of Allamah Tabatabaei .

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History

  • Receive Date: 15 April 2025
  • Revise Date: 20 July 2025
  • Accept Date: 06 December 2025

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