The Islamic Law of Torts and Product Liability (An Analysis)
Clicks: 3
ID: 311133
2018
Article Quality & Performance Metrics
Overall Quality
Not rated
Combines reader engagement with the AI quality analysis. This
article has not been analysed, so there is no overall score —
reader engagement is measured and shown alongside.
Reader Engagement
Emerging Content
0.6
/100
3 views
2 readers
AI Quality Assessment
Not analyzed
Readership in this journal
EmergingRanked #248 of 259 articles by views in Pakistan Journal of Islamic Research
Most read
Least read
Bar heights use a square-root scale. Only the 120 most-read articles are drawn; the journal has 259 in total.
Mint this article as an NFT
Not yet mintedCreate a permanent, verifiable on-chain record of this article on the Scimatic Network. The NFT is held in your Journament account, and you can withdraw it to your own wallet at any time.
5
SUSD
one-off · no wallet required
Abstract
This research paper expounds the emerging legal concept of ‘product liability’ from the perspective of Islamic law of torts. In the developed jurisdictions of the world today the tort regime is considered as one of the most adequate regime to ensure remedy to the affected consumers by defective products especially in cases where there is no contractual relationship between producer of a product and consumer of a defective product, the manufacturer’s liability to the consumer would be based on torts for damages and injuries caused by defective products. It is, therefore, need of the hour to understand Islamic law of torts in the context of product liability as Islamic law is a direct or indirect source of laws in contemporary Muslim states. The basis, nature and salient features of the Islamic law of torts have thoroughly been explained in the context of product liability. In this regard the author has frequently quotes from the classical fiqh literature. The research paper evaluates the role that Islamic law of torts can play in protecting consumers against defective products in the era scientific advancement. The paper has thoroughly analyzed the issue that in such cases whether the liability is fault-based in Islamic law of torts or otherwise. Moreover, the key notions, on which the modern tort regimes of product liability are based in the developed countries, such as the notion of product, producer, defect, potential claimants, potential defendants, causation, damage, and time limitation etc. are thoroughly analyzed in the perspective of Islamic law of torts. The chapter also addresses the issue that whether or not the Islamic law distinguishes between the contractual and tortuous remedies. It has also discussed that in case a statutory duty is breached whether or not any tortuous liability may arise under the Islamic law of torts. These and many other important issues have been raised in order to analyze the modern notion of ‘product liability’ in Islamic law of torts.
| Reference Key |
imported_1769983742_697fcefe9ae8d
Use this key to autocite in the manuscript while using
SciMatic Manuscript Manager or Thesis Manager
|
|---|---|
| Authors | Muhammad Akbar Khan |
| Journal | Pakistan Journal of Islamic Research |
| Year | 2018 |
| DOI |
DOI not found
|
| URL | |
| Keywords | Keywords not found |
Citations
No citations found. To add a citation, contact the admin at info@scimatic.org
Comments
No comments yet. Be the first to comment on this article.