Reflection on the independence of warning in disclaimer

Articles in Press

Document Type : Research Paper

Authors

1 Assistant Professor of the Department of Qur'anic Sciences and Jurisprudence, Shiraz University

2 پژوهشگر مرکز فقهی ائمه اطهار علیهم السلام

10.22059/jorr.2025.376976.1009461

Abstract

The so-called warning rule is one of the rules that has been introduced in recent years as one of exemptions of liability in the researchers works. and it means that if a person warns others about the dangers of his action, but others do not pay attention, the person has no responsibility. Contemporary jurists have identified the warning as an independent factor in relieving responsibility; However, given the existence of other liability institutions such as Tasbib, the question that the authors of the present study seek to answer is whether the warning is an independent factor of other liability institutions and provides a different criterion for liability or it is just an examples of Tasbib? The present study descriptively-analytically evaluates the arguments of the warning rule, which includes the Qur'an, Sunnah and the construction of reason, with the approach of inference of an independent institute to relieve responsibility, and concludes that warning is not an independent factor to relieve responsibility and is in fact an example of the Tasbib. Because the Holy Quran basically does not indicate the exemption of liability and tradition and rational construction do not indicate an institution independent of Tasbib.

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Main Subjects

Religious Researches

Articles in Press, Accepted Manuscript
Available Online from 10 April 2025

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History

  • Receive Date: 25 May 2024
  • Revise Date: 08 December 2024
  • Accept Date: 10 April 2025

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