İslam Hukuku Araştırmaları Dergisi

Öz

The burden of responsibility to the perpetrator for direct causes (mubāshara)
is the general rule in the Hanafī school. Therefore, while the actual perpetrator of the
incident exists in an event of destruction, responsibility is not attributed to the person
who caused it. Also when the actual perpetrator who directly committed the damage
(mubāshir) and the person who caused it (mutasabbib) coexist in an event of destruction
that occurs, the responsibility is attributed to the mubāshir. Although the general rule is
as this case, there have occured some situations for which this rule has been abandoned
or has not been able to be operated in the Hanafī school. Causing damage to someone’s
property by making unfair complaints (siāyah/delation) to the cruel sultans, administrators or to someone in an administrative position is the most typical an example of this.
The question of who will be responsible for such wrongful act was first discussed in detail and systematically in the type of waqi’at books in the Hanafī school. Later, the views
that took place around this debate took place in the later standard texts of the school
(madhab). In this study, the responsibility of the people who caused this damage instead
of the actual perpetrator is discussed on the issue of siāyah.