Challenges and Damages Arising from the Omission of Duties by Government Officials with Emphasis on the Governance of Imam Ali (Peace Be Upon Him)

Abstract

The occurrence of omissions contrary to legal duties within any society is an undeniable and self-evident fact. What appears significant, however, is the nature of the governmental response to such omissions. Each legal system, in accordance with its philosophical foundations and ideological principles, determines the scope of crimes and punishments. Western legal systems, influenced by liberal thought, have adopted a minimalist approach toward integrating religious ideas into legal discussions. In contrast, the criminal law system of the Islamic Republic of Iran demonstrates a greater degree of support for legal principles rooted in religious thought. An examination of the governance practices of Imam Ali (peace be upon him), along with the analysis of narrative sources and the authoritative opinions of prominent Imami jurists, confirms—especially through the well-known jurisprudential maxim “al-ta‘zīr li-kull fiʿl muḥarram” (“discretionary punishment applies to every prohibited act”)—as well as through the detailed deliberations of the legislative assemblies, that this principle remains valid and operational. One of the most debated criminal concepts among legal systems is the “crime of omission.” Article 295 of the Islamic Penal Code (2013) recognizes omission as a criminal act under specific conditions defined by law. Although criminal behavior generally manifests through affirmative acts, omission constitutes one of the critical and controversial subjects in contemporary legal opinions concerning criminal liability.