The fully described Torts in Islam with relavant Ayats and Hadiths.

1. TORTS IN ISLAM
ISLAMIC JURISPRUDENCE II
PRESENTATION

2. PRESENTEDTO:
PROFESSOR: DR. RUKHSAR
AHMED
PRESENTATEDBY
1. AWAIS ALI BL-0244
2. SADDAM LAGHARI BL-0229
3. AQEEL AHMED BL-0275
4. SUDHEER AHMED BL-0240
5. MUHAMMAD SALAHUDIN BL-0317

3. INTRODUCTION
AWAIS ALI
• Islam protects the rights of every person.
• As we have studied law of torts, same is the
case in Islam. Allah has prohibited from doing
torts.

4. INTRODUCTION
QURAN KAREEM
• Even the compensation for the injury is considered as
injury by Quran.
• Quran Kareem Surah As-shuraa Ayat 40:
• ‘The recompense for an injury is an injury equal
thereto’.

5. INTRODUCTION
QURAN KAREEM
• There should be equal punishment for the committed
tort, the punish should’nt be exceeded from the
committed tort.
• Quran Kareem Surah An-nahl Ayat 126:
• And if ye do catch them out, catch them out no worse
than they catch you out.

6. DIFFERENCE BETWEEN ENGLISH AND ISLAMIC
TORTS
• English law of torts is man-written.
• Islamic law of torts is taken fromThe Quran
and Sunnah.

7. TRESPASS
• Entering into another’s house without his
permission.
• Taking/Using another’s chattels/goods
without permission/goodwill.

8. TRESPASS
Quran Kareem
• SURAH AN-NUR AYAH 24
• O you, who have believed, do not enter houses other
than your own houses until you ascertain welcome
and greet their inhabitants.That is best for you;
perhaps you will be reminded.

9. TRESPASS
HADITH
• Prophet (S.A.W) said that:
• ‘Nobody among you should take a chattel of his
brother with or without serious intention. If anyone
takes it, he should return in to him’.

10. TRESPASS
HADITH
• Prophet (S.A.W) said that:
• 'It is incumbent upon a person who takes a thing from
another to return the thing to the rightful
possession’.

16. Slander And Libel
SUDHEER AHMED
•Imam Ghazali is the first jurist who made distinction
between libel and slander.
•The tort of defamation may be committed by way of
writing or by way speech. Damaging the honor of
others.
•Making false allegation against an innocent person is
on of the meanest misdeeds that have been severely
censured by Islam

17. Slander And Libel
QURAN KAREEM
• The Holy Quran says:
• And whoever commits a fault or a sin, then accuses
of it one innocent, he indeed takes upon himself the
burden of a calumny and a manifest sin.

18. Slander And Libel
Hadith
• The Holy Prophet (S.A.W.) has said:
•If one puts a false allegation on a believing man or a
believing woman or says anything about them which is
not is him or her, the Lord almighty will, on the Day of
Judgment, keep him in the cloud of hell-smoke until he
comes out of the responsibility of what he had said.

19. TRESPASS TO PERSON
• Homicide
• Homicide is the killing of human beings by human beings.
• According to Islamic law, three main kinds of homicide :
• (1) Qatil - amad, that is willful murder
• (2) Qatil - Shibhi - i-'amad, that is resembling murder
• (3) Qatil - Khat' a that is homicide by mistake.

20. TRESPASS TO PERSON
QURAN KAREEM
• The Holy Quran says :
• "We have ordained therein for them Life for life, eye
for eye Nose for nose, ear for ear,Tooth for tooth,
and wounds equal for equal"

21. TRESPASS TO PERSON
• Qisas: Retaliation is the legal sanction in cases of
homicide or it is a physical vengeance demanded by
the headman's next of kin. It is the legal sanction in
the cases of homicide and wounding.
• Diyah: Diya or blood - wit, is the money or
compensation due in cases of homicide or wounding

22. ASSAULT and BATTERY
• Islamic law expressly prohibits assault and battery.
• Assault has been expressly condemned by the Holy
Prophet Muhammad (peace be upon him) :
• "He pointed at us with a weapon is not from us"

23. VICARIOUS LIABILIBY
AQEEL AHMED
• Vicarious liability is the liability imposed on a person
from the act of another’s, even if he hasn’t done it
himself.
• The real owner of the goods/things will be
responsible for the act done by his employee.

24. VICARIOUS LIABILIBY
HADITH
• Prophet (S.A.W) said:
• ‘Everyone of you is a guardian and is responsible for
his charge, the Imam is a guardian and is responsible
for his subjects, the man is a guardian is the affairs for
his family and responsible for his charge, a women is
guardian of her husband’s house and responsible for
her charges, and the servant is a guardian of his
master’s property and is responsible for his charges’

25. VICARIOUS LIABILIBY
HADITH
• Even animal’s liability will be borne by his owner.
• Prophet (S.A.W) said that:
• It is the duty of the owners of the property to keep
and protect their property in the day time, while it is
the duty of the owner of animals to keep their
animals (from trespassing) at night. If any injury is
committed by the animals at night, its liability shall
be borne by their owners.

26. NEGLIGENCE IN ISLAM
SADDAM HUSSIAN
• Tort regarding careless conduct or neglect of some
care which we are bound to exercise towards
anybody else known as tort of negligence.
• In Arabic the term of negligence may be rendered as
“al tafrit” or “al taqsir”

27. NEGLIGENCE IN ISLAM
• Joseph Schacht says:
• The concept of negligence is unknown to Islamic law
• But conclusion is thatThe tort of negligence in “ Fiqh”
is older than English law

28. NEGLIGENCE IN ISLAM
HADITH
• Highlighted in Hadith
• “There is no negligence “tafrit” of one’s duty in
sleeping, the negligence of one’s duty is not awaking
until the time of the of other prayer commences
however “

29. NEGLIGENCE IN ISLAM
HADITH
• The Holy prophet says:
• “He who does medical practice and does not know his
medical profession is liable to pay compensation for
wrongful treatment “

30. CONCLUSION
• In the classical period, Islamic lawyers did not deal
with tort as a separate subject.When dealing with
law of tort, the fuqaha' have relied upon the same
sources of law which underlie the general body of
Islamic law.

31. CONCLUSION
• In vicarious liability, the jurists had to determine
where the guardians would be liable for the acts of his
ward, like as those who are under working did not
have to bear the burden of liability.
• Islamic law rests upon the principles of harmony and
legality, but also upon the principle that a person
must not interfere with the enjoyment of another.