Comparative Study of Multiple Causation in the Iranian and Malaysian Tort Law

Multiple causation is one of the most complex legal issues in the tort law of both Iran and Malaysia. Consequently, lawyers and judges have devoted special attention to the subject. Different theories and solutions in both tortious legal systems show the importance and complexity of the subject. Various articles, as well as textbooks on tort law have been dedicated to the issue. In Iranian law, some sections of the Islamic Penalties Act (IPA) 1992 and the Civil Liability Act (CLA) 1961, as well as the Civil Act (CA) 1929, focus specifically on this issue. 

In their discourse, legal practitioners and writers have also included causation as one of the elements of tortious liability. For instance, Iranianlegal writers, such as Katouzian, Darabpour, as well as Malaysian legalwriters, such as Talib, Kidner, Murphy, Howarth, and Prosser amongst others, dwell extensively on this issue. However, writers on Iranian tort law all concentrate on the old theories that have been derived from Islamic law. By contrast, Malaysian law is based, in part, on the common law, and is, to that extent, influenced by that system.