The Idea of Guarantee between the Codes of Islamic Jurisprudence and the English Law of Dorts: A Study of the Aspects of the Influence of English Law of Dorts on the Codes of Islamic Jurisprudence
Dr. Moussa Rezig
Associate Professor of Civil Law
Faculty of Law, Kuwait University
Abstract:
In this study, I review the impact of the English law on what is confirmed in the codes of Islamic jurisprudence regarding tort liability, where there are deep similarities between the two; therefore, the observer of tort liability rules in the contemporary English law does not find any benefits from the two traditional sources (custom and Roman law). However, the similarity is deep between the theory of guarantee in the codes of Islamic jurisprudence and the rules of tort responsibility in the English law.
The tort responsibility in the codes of Islamic jurisprudence is based on the idea of guarantee, and it indicates that whoever initiates – or causes – an unlawful act is responsible for the resulting harm. In the English law, this responsibility is based on the guarantee itself idea, which indicates that the legislator has specified certain forms of actions requiring guarantee, but they are distributed among different forms of actions. Thus, the premise of these legal systems is that they both consider the violating act an origin of tort liability and a requirement for warranty. Considering these aspects, I discuss in this study the nature of the acts requiring security in each of the codes of Islamic jurisprudence and the English law; and I explain the divisions and types of actions requiring responsibility.
213-236 Prof. Musa Rizek tort liability, guarantee, infringement, harm, law of torts. compensation.