Impediments to Tort Liability in Islamic Jurisprudence

In Islamic jurisprudence, "theory of guarantee" refers to topic of exemptions from tort liability, which is considered one of the fundamental subjects in civil law. Study seeks to explore cases and reasons that exempt individuals from bearing legal and moral responsibility for damages caused, despite existence of a harmful act .Research examines exemptions from tort liability related to personal capacity and competence, including natural and acquired impairments .Study concludes that exemptions from tort liability serve as a safeguard to achieve balance between protecting injured party and preventing excessive imposition of responsibility on individuals for their actions.

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Publication Details

Journal
Maǧallaẗ abḥāṯ kulliyyaẗ al-tarbiyaẗ al-asāsiyyaẗ/Mağallaẗ abḥāṯ kulliyyaẗ al-tarbiyaẗ al-asāsiyyaẗ
Published
2025-09-01
DOI
https://doi.org/10.33899/berj.2025.vol21.iss3.53486
Primary Topic
Viral Infections and Immunology Research
Type
article
Field-Weighted Citation Impact
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article

Impediments to Tort Liability in Islamic Jurisprudence

Maǧallaẗ abḥāṯ kulliyyaẗ al-tarbiyaẗ al-asāsiyyaẗ/Mağallaẗ abḥāṯ kulliyyaẗ al-tarbiyaẗ al-asāsiyyaẗ
Viral Infections and Immunology Research
article

Impediments to Tort Liability in Islamic Jurisprudence

article en

Abstract

In Islamic jurisprudence, "theory of guarantee" refers to topic of exemptions from tort liability, which is considered one of the fundamental subjects in civil law. Study seeks to explore cases and reasons that exempt individuals from bearing legal and moral responsibility for damages caused, despite existence of a harmful act .Research examines exemptions from tort liability related to personal capacity and competence, including natural and acquired impairments .Study concludes that exemptions from tort liability serve as a safeguard to achieve balance between protecting injured party and preventing excessive imposition of responsibility on individuals for their actions.

Maǧallaẗ abḥāṯ kulliyyaẗ al-tarbiyaẗ al-asāsiyyaẗ/Mağallaẗ abḥāṯ kulliyyaẗ al-tarbiyaẗ al-asāsiyyaẗVol. 21(3)
Universidade de São Paulo (BR)
Peace, Justice and strong institutions
Openalex Percentile: Top 36%
Viral Infections and Immunology Research
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