INTRODUCTION TO THE GENERAL PRINCIPLES OF ISLAMIC LAW OF TORT

ABSTRACT

The aim of this thesis is to discover cases and principles governing tort in Islamic law. The study is divided into six chapters, an introduction and a conclusion. The Introduction contains the explanation of the general characteristic of crime and tort, the scope, the importance of the study, methodology and the relevant literature of the thesis. Chapter one defines Western and Islamic law of tort, the existence of tort in Islām, some similar concepts between Western and Islām on the law of tort, the concept of ḍamān (liability) in the Islamic law of tort as well as the discussion of Strict Liability and Vicarious Liability. Chapter two is concerned with the types of tort to person and property, particularly the torts of assault, battery, false imprisonment, kinds of trespass, ghaṣb and itlāf. Chapter three examines the Sharī’ah conception of liability for premises and liability for animals. Chapter four expounds the liability for chattels and clears up the nature and scope of nuisance in Islamic law, their origins and concepts. Chapter five elucidates the liability for the escape of fire and water, and concerns also the discussion of liability of medical practitioners and medical negligence. Chapter six discusses more generally the topic of negligence. The thesis concludes by taking an overall look at the ways the law of tort operates in the Sharī’ah.