Tort liability from the perspective of Islamic jurisprudence by Muhammad bin Abdullah Al-Marzouqi

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Product description

It discusses what has recently become known as "tort liability"; which is: people's responsibility towards each other for the consequences of their unintentional mistakes. The author explained that this topic was historically of interest to scholars, even though they did not address it independently; due to the lack of necessity for that in their eras, whereas the need for it has increased in our time for various reasons, and the circle of interest in it continues to expand over time. The author presented the rules related to tort liability, gathering what was scattered in fiqh books regarding its issues, then comparing similar cases from current reality to their counterparts which scholars have endeavored to clarify their rulings on. The book is 752 pages; it includes an introduction defining tort liability, its legitimacy, and its wisdom. Then several chapters within four main sections, which are: The first section: Tort liability, including the following chapters: mistake, harm, causal link. The second section: Forms of tort liability, including the following chapters: a person's responsibility for his personal mistake, a person's responsibility for another's mistake, a person's responsibility for what animals cause, a person's responsibility for inanimate objects, and responsibility for administrative errors. The third section: Penalties in liability, including the following chapters: definition of penalty, its estimation, and its implementation. The fourth section: Liability in case of participation in causing harm, including the following chapters: forms of multiple participants and how to distribute responsibility among them, and joint liability. Then a conclusion highlighting the main results and recommendations.

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