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Explanation of Article 124

Explanation of Article 124

This article addresses the second situation that requires the mitigation or negation of liability, which is the state of necessity. The article stipulates that a person who causes harm to another in order to avoid a greater imminent harm to themselves or others is not obliged to compensate except to the extent deemed appropriate by the court. This provision aligns with the Sharia rules that consider the judgments of necessity and are measured accordingly.

Article 124

A person who causes harm to a third party in order to avoid a greater imminent harm to himself or to others shall be liable for compensation the value of which shall be determined by the court.