Liability for injury resulting from a premise: A study on who will be liable for it in Islamic law of tort, Lebanon civil code and sudan transaction civil code

Research output: Contribution to journalArticle

Abstract

Tort wrongs can exist either through the acts of human beings or inanimate beings including premises. If an injury or death has occurred resulting from a building or premise, its owner or possessor should be identified. Who is actually liable in such a case, its real owner only or including its possessor? This is the aim of this study that is to recognize the party, whom should be put the burden of liability for injury caused by the premises. Islamic law primarily takes care of this matter and it can be seen that all Muslim jurists of Sunni schools discussing it in their study. Likewise, it has been codified into Lebanon and Sudan civil codes. Islam gives permission that every person can own and possess houses and buildings; however, he is required to maintain and look after them properly so that his houses and buildings not causing any risk to others. This study is written through arm-chaired research. As a result, after recognizing who should be liable for this case, the claim of compensation should easily be made and optimistically peace and harmony will establish in the society.

Original languageEnglish
Pages (from-to)753-756
Number of pages4
JournalSocial Sciences (Pakistan)
Volume7
Issue number6
DOIs
Publication statusPublished - 2012

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civil code
Lebanon
Sudan
liability
transaction
building
Sunni
jurist
human being
Law
Islam
Muslim
peace
death
school
Society

Keywords

  • Injury
  • Islamic law
  • Law of tort
  • Lebanon civil code
  • Liability for premises
  • Owner of premises
  • Sudan civil code

ASJC Scopus subject areas

  • Social Sciences(all)

Cite this

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abstract = "Tort wrongs can exist either through the acts of human beings or inanimate beings including premises. If an injury or death has occurred resulting from a building or premise, its owner or possessor should be identified. Who is actually liable in such a case, its real owner only or including its possessor? This is the aim of this study that is to recognize the party, whom should be put the burden of liability for injury caused by the premises. Islamic law primarily takes care of this matter and it can be seen that all Muslim jurists of Sunni schools discussing it in their study. Likewise, it has been codified into Lebanon and Sudan civil codes. Islam gives permission that every person can own and possess houses and buildings; however, he is required to maintain and look after them properly so that his houses and buildings not causing any risk to others. This study is written through arm-chaired research. As a result, after recognizing who should be liable for this case, the claim of compensation should easily be made and optimistically peace and harmony will establish in the society.",
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AB - Tort wrongs can exist either through the acts of human beings or inanimate beings including premises. If an injury or death has occurred resulting from a building or premise, its owner or possessor should be identified. Who is actually liable in such a case, its real owner only or including its possessor? This is the aim of this study that is to recognize the party, whom should be put the burden of liability for injury caused by the premises. Islamic law primarily takes care of this matter and it can be seen that all Muslim jurists of Sunni schools discussing it in their study. Likewise, it has been codified into Lebanon and Sudan civil codes. Islam gives permission that every person can own and possess houses and buildings; however, he is required to maintain and look after them properly so that his houses and buildings not causing any risk to others. This study is written through arm-chaired research. As a result, after recognizing who should be liable for this case, the claim of compensation should easily be made and optimistically peace and harmony will establish in the society.

KW - Injury

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KW - Law of tort

KW - Lebanon civil code

KW - Liability for premises

KW - Owner of premises

KW - Sudan civil code

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