The Syariah's protection of the right to the person vis-a-vis the western law of torts
The Syari'ah pioneered the protection a person's right to his person, property (including wealth) and reputation. The Holy Qur'an and the sayings of the Prophet s.a.w. clearly protect the sanctity of life, property and honour of every individual, Muslims and non-Muslims. For the vi...
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| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
2009
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| Online Access: | http://irep.iium.edu.my/8878/ http://irep.iium.edu.my/8878/4/Syariah_v._western_torts_Kashmir_IIUM_Conf.pdf |
| Summary: | The Syari'ah pioneered the protection a person's right to his person, property (including wealth) and reputation. The Holy Qur'an and the sayings of the Prophet s.a.w. clearly protect the sanctity of life, property and honour of every individual, Muslims and non-Muslims.
For the violation of these rights, the Syari‟ah provides two kinds of remedy, in modern parlance, civil and criminal. The object of the civil remedy is to uphold the individual rights of the victim by checking the wrong done or by compensating him, while the criminal remedy uphold the right of society by punishing the wrongdoer. The remedy of compensating the victim by way of damages (dhaman) for the wrong done is the primary aim of the Syari‟ah.
The Syari‟ah remedies these violations by various means, popularly called „torts‟ in western legal terminology. The remedies under the Syariah are not the creations of the human minds. They are divine guidance for the benefit of all human beings.
The Muslim jurists have discussed these „torts‟ under several chapters or kitabs in the celebrated hadith collections.
This article attempts to excavate the general principles of the Syariah on the law of torts affecting the person. It attempts to show the similarities and the differences of the protection afforded under the Syariah and the western law of torts. It hopes to unveil a common unifying thread between the two systems for the better protection of these rights. |
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