Analysis of liability of paternal relatives, relatives and public treasury in Islamic law, in direction of principle of vicarious liability in French law

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Abstract

Sometimes, following of Islamic law, there is a liability of paternal relatives, relatives and public treasury that some of the jurists say that this liability is a against of personal liability and therefore they oppose or limit this liability. But the analysis of this liability shows that this liability is a tort. In the other hand, in some of the countries the vicarious liability is a principle. Therefore, with inference of some of the Islamic jurisprudence and with legal interpretation of the vicarious liability in other country, the legislator can change this legal institution in to the social i nstitution

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