The Rule of "Warning" in the Statute Laws and the Need to Reform the Legislature Approach

The rule of warning (tahdhir) in Imamiyyah fiqh is accepted as a functional rule, and application of this rule in disclaiming responsibility of the agent and preventing the occurrence of unpleasant situations is effective. However, in making laws and regulations, the legislator has merely sufficed to using the word warning and the like, and has not practically paid any attention to the conditions of the realization of the rule of warning or the conditions of disclaiming responsibility. This inattention causes some negative consequences and difficulty in determining the responsible causes of the undesirable events, as well as in preventing possible future risks in the event. Moreover, such an inattention has created some obstacles on the way of proper analysis and reasoning.