Jurisprudential Principles of Liability due to the Action of Another person

In some cases, it is observed that a person commits the crime, but the liability lies with another person. Such as the government’s liability for some damages caused by its employees. However, this contradicts the general principle that the punishment is directed at the person and the liability directed at the perpetrator, which is based on several verses of the Holy Qurʼān. Now the question arises that what are the rules in Islamic jurisprudence that can prove nthis liability. So far, attempts have been made to answer this question, which do not seem to be convincing. Compiled analytically, this study tries to provide a comprehensive answer to the above question. Criticizing refering responsibility of others to the principle “Whoever benefits, the loss will also be his responsibility” or the principle “the instigator is stronger than the principle offender,” this conclusion has been reached that it is based on tanqīḥ manāṭ (refinement of the basis of a ruling) raised in the jurisprudence or the extraction of the religious shariat tendency from the many cases in the words of the jurists that the responsibility for the act of one person is given to another, it can be considered as the dominance of the third party and his authority over the perpetrator, or it can be used the intellectual’s procedure to prove it.