ENGLISH-6 The Concept of Tortuous Liability under Islamic Law: An Inquiry into Question of Compensatory Damages

Abstract

Islam also provides the concept of tort which deals with civil rights of the people. It has not been codified yet, which leads judges to rely on interpretations and precedents in non-monetary damages cases such as mental torture, emotional distress, defamation and alike. Judges face more difficulties in assessing non-monetary damages and award of fair compensation. This paper discusses the issue of compensatory damages for non-monetary harms as allowed under Islamic law. The objective of this paper is to look for solutions by examining the principles of Islamic law regarding compensation for non-monetary damages and to fill in gaps in policy and law perspectives. It suggests a clearly written statute on non-monetary damages, by incorporating Islamic law principles, which cover all kinds of damages and can be used as guidelines for judges. To complete this study, a doctrinal, analytical and qualitative method of research has been followed.