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İslam Haksız Fiil Hukukunda Kusursuz Sorumluluk

Journal: Necmettin Erbakan Üniversitesi Hukuk Fakültesi Dergisi (Necmettin Erbakan University Faculty of Law Review) (Vol.4, No. 2)

Publication Date:

Authors : ;

Page : 615-633

Keywords : Islamic tort law; English Law; Court decisions; Strict liability; Strict liability principles.;

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Abstract

This article, which deals with strict liability in Islamic tort law, consists of the first section in which the theory of strict liability in English law is discussed together with court decisions, and the following sections in which strict liability in Islamic law is examined together with the verses and hadiths, the relevant general rules and the opinions of the jurists. In the last section, basic concepts such as taaddi, mubashir and mutasebbib, which can be taken into account in solving a possible problem in Islamic tort law, are emphasized. The article also emphasizes that there is strict liability in Islamic law and that this theory should be developed by taking into account the developments in English tort law and other modern law.

Last modified: 2022-01-03 20:41:26