Interest in land and right of occupation in western tort law on private nuisance: An islamic tort law perspective

Research output: Contribution to journalArticle

Abstract

In private nuisance, the central idea is that of interference with the enjoyment of the Plaintiffs land generally speaking by the defendant's causing some sort of deleterious invasion of it for example by noise, smell, smoke, fumes, gas, vibration, water or chattels. Wrongful interference with the exercise of an easement, profit or other similar right affecting the use and enjoyment of land also come within the rubric of private nuisance. The Plaintiff who is entitled to sue in this case must prove that he/she has interest in land involved and also has a right of occupation. The basis of the law of nuisance is the legal maxim; sic utere tuo ut alienum non laedas which means a man must not make such use of his property as unreasonably and unnecessarily to cause inconvenience to his neighbor. The main aim of this research is to explore in Islamic law the foundation and basis for legal action in private nuisance, especially in cases relating to immoveable property. Is the foundation in the Islamic law concurrent with the Western law? This study is written through arm-chaired research. As an outcome of this study, it could be perceived that the foundation of legal action in private nuisance based on interest in land and right of occupation is not entirely alien in the Islamic law of tort.

Original languageEnglish
Pages (from-to)357-365
Number of pages9
JournalInternational Business Management
Volume5
Issue number6 A
DOIs
Publication statusPublished - 2011

Fingerprint

Nuisance
Tort law
Islamic law
Interference
Enjoyment
Gas
Tort
Profit
Exercise
Water
Vibration

Keywords

  • Actual possession
  • Interest in land
  • Malaysia
  • Nuisance
  • Ownership
  • Possession
  • Private nuisance
  • Right of occupation

ASJC Scopus subject areas

  • Business and International Management
  • Strategy and Management

Cite this

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abstract = "In private nuisance, the central idea is that of interference with the enjoyment of the Plaintiffs land generally speaking by the defendant's causing some sort of deleterious invasion of it for example by noise, smell, smoke, fumes, gas, vibration, water or chattels. Wrongful interference with the exercise of an easement, profit or other similar right affecting the use and enjoyment of land also come within the rubric of private nuisance. The Plaintiff who is entitled to sue in this case must prove that he/she has interest in land involved and also has a right of occupation. The basis of the law of nuisance is the legal maxim; sic utere tuo ut alienum non laedas which means a man must not make such use of his property as unreasonably and unnecessarily to cause inconvenience to his neighbor. The main aim of this research is to explore in Islamic law the foundation and basis for legal action in private nuisance, especially in cases relating to immoveable property. Is the foundation in the Islamic law concurrent with the Western law? This study is written through arm-chaired research. As an outcome of this study, it could be perceived that the foundation of legal action in private nuisance based on interest in land and right of occupation is not entirely alien in the Islamic law of tort.",
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