A Reflection on Parents’ Responsibility for Harmful Acts of Major, Foolish and Physically Disabled Children in the Islamic Jurisprudence and Iranian Law


  •  Siroos Heidari    
  •  Amir Ali Khodaie    
  •  Davood Janbazi    

Abstract

In this research, we seek to talk about civil responsibility of parents for acts of their children with juridical and legal approach. The main problem is that whether the parents have civil responsibility for harmful acts of their major and foolish children or not. The parents have civil responsibility for harmful acts of their foolish children (minor or mature) until they have custody on them. In the opinion of most of Islamic jurists, the parents’ right and duty of custody on their children will be expired by majority and mental maturity of the child. In addition, the parents will be liable for damages derived from the acts of their minor or insane children until they have protection and supervision duty on them. In all of the cases, failure to take care of the incapable person constitutes the legal basis of the parents’ liability. It may be said that the parents have responsibility for any losses arising from their failure to protect and take care of their physical disable children.


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