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            One of themost important issues incivil liabilityis"uncertain causation”. Whenwe know that the cause of loss is one factor out of several factors, but we can not determine itwith certainty, then "uncertain causation" comes to mind. Aboutthe "uncertain cause",differentideasandsolutionshave been proposed.Early lawyers with stressing on the need to prove legal causation relationship between the harmful act by a certain person and the affected loss, generallybelieved that,inthis case,there is nocivil liability. But after a while,the view ofcollective responsibilitywas made, whichwas ofliabilitypartnership typeinFrance and in thecommon law, it was of proportionate type; the positive side ofthisis an important point. InIslamicjurisprudence, one ofthe existingviews is the"draw rule" that was adopted in IslamicPenal Code1375 (2006). But the Islamic Penal Code, adopted in 1392 (2013), considered and approved the views of contemporary scholars, and preferred an equal responsibility of several uncertain factors.      
*Corresponding Author’s E-mail: z.afshar@stu.qom.ac.ir

Keywords: Uncertain causation, Proportionateliability, Draw rule, Equalresponsibility

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