Vicarious Liability: A Study of the Liability of the Guardian and his Ward in the Islamic Law of Tort

AB Bin Mohamad - Arab LQ, 2002 - HeinOnline
Arab LQ, 2002HeinOnline
In the practice of tort law, the doctrine of individual tort liability is one of the foundations of
individual security. The tortfeasor himself is the only person who can be sued for a particular
tort action and no one else can be held liable for the same. Thus, no person bears any
portion of another's burden. This rule is called" the rule of Strict Liability". It can be elucidated
by referring to the verses of the Holy Qur'an and the hadiths of the Prophet (pbuh). The
Qur'an propounds the strict liability of tortfeasor in committing wrong by emphasising:" No …
In the practice of tort law, the doctrine of individual tort liability is one of the foundations of individual security. The tortfeasor himself is the only person who can be sued for a particular tort action and no one else can be held liable for the same. Thus, no person bears any portion of another's burden. This rule is called" the rule of Strict Liability". It can be elucidated by referring to the verses of the Holy Qur'an and the hadiths of the Prophet (pbuh). The Qur'an propounds the strict liability of tortfeasor in committing wrong by emphasising:" No bearer of burden can bear the burden of another".
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