Vicarious Liability: A Study of the Liability of Employer and Employee in the Islamic Law of Tort

AB bin Mohamad - Arab Law Quarterly, 2000 - JSTOR
Arab Law Quarterly, 2000JSTOR
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; 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". The rule of strict liability serves
as a fundamental principle and as the bedrock of judicial acts under the Islamic law of tort,
although many exceptions to that rule have been allowed in multifarious circumstances …
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; 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". The rule of strict liability serves as a fundamental principle and as the bedrock of judicial acts under the Islamic law of tort, although many exceptions to that rule have been allowed in multifarious circumstances. These exceptions are permitted to make allowances for justice and equity when the strict following of that rule might have prevented it. In the Islamic law of tort, the term" vicarious liability" did not specifically appear in these exact terms in the classical books of fiqh. Also, the fuqahd'did not mention clearly this term in their writings. It merely could be understood, however, from the interpretation of
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