Cases of infringement and its ruling on tort liability among Islamic jurisprudence

Abstract

Praise be to God, Lord of the worlds, and prayers and peace be upon the most honorable of God’s creation, Muhammad bin Abdullah, the illiterate Arab prophet, the faithful, and his family and companions.
And yet ...

     The realistic view is that Islamic jurisprudence is not exaggerated in the judgment of compensation, so it is judged for everything that has been lost by the victim of a profit or his loss, but he takes into account the bearing of the guarantee between profit and loss or the principle on which the theory of bearing liability is found, and it is clear through research that Islam The principle of respecting money, souls and rights is considered a public order, but it may exclude some cases that are required by circumstances such as war and discipline of prostitutes and apostates, so destroying the money of others and themselves within the limits required by necessity, and people in all rights and duties whether, there is no difference between a ruler and a convict, so the penalties Criminal applied to Every person, regardless of his characteristic, is a guarantee of the implementation of legal rulings, and a commitment to protect the virtue and morals, and the dignity of the human being. For this reason, I wanted to write about cases of abuse, which is part of the concept of security in Islamic jurisprudence, so I divided the research into two chapters, and I spoke in the first chapter about the definition of abuse and responsibility

 Summary of the research: cases of infringement and its ruling on tort liability between Islamic jurisprudence and Iraqi law ..........

In the second chapter on cases of infringement of tort liability.
 Nobody is asked about a civilian, whether the act or criminal, as determining the principle of individual or personal responsibility is a tribute to the person and notifying him of his existence, his uniqueness and his gravity in this life, but this individual in Islam as it is known is not absolute but is bound by the group's various rights required by the interest General, and achieved by the principle of social and economic balance between people.

Finally, I ask God Almighty to grant us all success in favor of saying, and the work is beautiful, and may God’s prayers and peace be upon our Prophet Muhammad and his family and companions.