Quran, Islamic Jurisprudence and Law

The Effects of Civil Liability and Compensation for Loss in the Quran

Document Type : Original Article

Author

Hossein،Mahmud Hushmand Firuzabadi، Hekmat Niya

Full Professor at Research Institute for Islamic Culture and Thought (mh.hekmatnia@yahoo.com). Corresponding Author, Graduated from Qom Seminary, Assistant Professor at Ayatollah Broujerdi University (h.houshmand@chmail.ir).

Abstract
The necessity of compensation for Loss sustained by the loser because of the conduct of the person who has done a harmful act is an important principle of civil liability among all legal schools and systems. It has also a special status in Islamic law, which is one of the most important legal systems. Several verses of the Quran, which is the most important source of jurisprudence, are dedicated to this matter such as verses on transgression, punishment for sin, avenging oneself, punishing the self, public accusation. In addition to deducing the positive law for the necessity of compensation for loss from these verses, one can deduce a number of important rules on the liability out of the agreement including full compensation for loss and some other methods of compensation for loss like objective compensation for loss (restoration of the previous situation) and compensation by the equal (similar or the price) for financial losses.

Keywords

Liability
Loss
Punishing the Self
Transgression
Punishment for Sin
Positive Law
Retaliation
Quran, Islamic Jurisprudence and Law
Volume 6, Issue 6
August 2017
Pages 7-42

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