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The idea of security (harm) in Islamic jurisprudence and its application to environmental damage, a comparative study between the Iraqi and Jordanian legal and Islamic jurisprudence | ||
| Risalat al-huquq Journal | ||
| Article 1, Volume 6, Issue 2, 2014, Pages 71-109 PDF (0 K) | ||
| Author | ||
| ali mohammed kalaf | ||
| Abstract | ||
| In the Civil law approach whether in French, Egyptian, Iraqi laws and other laws considered negligence is the general rule for civil liability , which requires compensating injured when completed civil liability the three pillars of the error and the damage and the causal relationship . The exception to this rule any base error - is to establish responsibility for the harmful act on the element of damage without a mistake , so realized the responsibility for tort as soon as the damage and the causal relationship between the latter and the act. This responsibility dubbed responsibility based on the damage , which is based upon Islamic jurisprudence. Accordingly, we will try to look at the idea of warranty ( damage ) in Islamic jurisprudence , it has to be what researchers in the law , that we address to the existing jurisprudence wealth in the Islam .The researcher wants to apply this responsibility - responsibility of Islamic jurisprudence- on the harm resulting from the pollution .Accordingly, this articles will be based on two sections . The first will be addressed to the concept of direct and causing whereas the second deals with the role of the direct and causing determine a causal relationship | ||
| Keywords | ||
| notion of warranty; Environmental Damage; Direct and Causing; Liability of a Producer | ||
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