Maswuwliat Almutbawie Ean Fiel Altaabie Dirasat Muqaranat Bayn Alfiqat Alaslamii Waltashrie Aleiraqii

This study dealt with the responsibility of the subordinate for the action of the subordinate in Islamic jurisprudence and Iraqi legislation, and it turns out that the responsibility of the subordinate for the action of the subordinate is a form of responsibility for the work of others, and the responsibility for the work of others is one of the cases of tort liability, and tort liability represents civil liability, which is It represents an aspect of legal responsibility, and all of these forms fall within the concept of responsibility in general, and originally that a person is only asked about his personal action, but the responsibility of the subordinate for the act of his subordinate is an exception to be answered, and now the reason behind the recognition of this responsibility is in order to protect The aggrieved person is in order to be able to obtain the guarantee, as often the person who is being followed is well off, unlike that of the subordinate person who is insolvent, and the Iraqi legislator in Article (219) of the Civil Code established the civil liability of the subordinate for the damage caused by the subordinate’s action according to the principle of error It is assumed, and the legislator has placed the burden of the responsibility of the subordinate person on the subordinate, now the subordinate is seeking the assistance of the activity of other people and benefiting from their activity, so the burden of subordination to the work they perform for his benefit must fall on him, because the subordinate and the injured person are both economically weak, so making the burden of responsibility on the subordinate, It will make it so poor that neither human conscience nor justice will accept it. It is also not logical and wise for the aggrieved person to bear the burden of the work performed by the subordinate for the account and interest of the subordinate, and the legislator did not set a general rule according to which the subordinate person is determined, but rather went to specify the persons who bear the responsibility of the subordinate person for the act of his subordinate, and the matter does not differ in Islamic jurisprudence. Responsibility for the work of others is an exception to the principle, and originally the guarantee is based on the idea of ​​harm that binds each individual to the results of his actions, even if that person is not distinguished. An act harmful by coercion, And for the subordinate’s responsibility for subordinate actions to exist, there must be a subordination link between two people in which one of the parties is subject to the other party, and this picture is achieved if the subordinate has the right to monitor and issue instructions to the subordinate and that the harmful action occurred during the performance of the work assigned to him, because of him or on his occasion Or because of a foreigner than him, and that Islamic jurisprudence in his view of the subordinate does not differ from the legal jurisprudence, as the subordinate is a person who works for his account and for the benefit of another person, and the subordinate is subject to the actual command and authority of the subordinate. The responsibility of the subordinate is original and direct, because he is responsible for his personal action, and the subordinate can get rid of the responsibility if he can prove that he has taken all possible care to prevent harm.