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Assessing Civil Liability Arising from Deprivation of Education Based on the Theory of Customary Attribution with Emphasis on Islamic Jurisprudence and Law
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Seyed Hasan Shobeiri Zanjani1   , Siamak Ghiasi Sarki2 |
1- Associate Professor, Department of Intellectual Property Law, University of Qom, Qom, Iran . (Corresponding Author)
2- Assistant Professor, Al-Alamia University, Qom, Iran. |
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Abstract: (9 Views) |
| The right to education is a right emphasized by the Islamic jurisprudential system and the law, holding special importance in Islamic sources. However, in some cases, certain groups or classes are deprived of this right for various reasons. Regardless of assessing the religious permissibility or impermissibility of such actions, they sometimes cause harm and damages to individuals. For instance, this issue may prevent deprived individuals from attaining desired benefits, or it may sometimes lead to depression and psychological illnesses, each of which inflicts damages upon those denied education. This raises the question of the possibility of compensating for damages resulting from the deprivation of education. The present research seeks to answer this question from the perspective of Islamic jurisprudence and the law, using a descriptive-analytical method and library research tools. The research concludes that this liability can be justified based on the theory of customary attribution, which is accepted in the legal systems of both countries and in Islamic jurisprudences. |
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Article number: 7 |
| Keywords: Customary Attribution, Deprivation of Education, Compensation for Damages, Sunni Jurisprudence, Imami Jurisprudence. |
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Full-Text [PDF 623 kb]
(2 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2025/12/15 | Revised: 2026/08/23 | Accepted: 2026/04/19 | Published: 2026/09/23
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