Subjek: Islamic Law of Tort Tahun: 2015 Semester 2 (2014/2015)

1. Question 1:
The parallel concept of tort in Shariah is
jinayah and its scope includes tort
against human body and person and
trespass to property. Explain the concept
of tort and ‘jinayah’ with reference to
Quranic verses and hadith.
By:
Hanis-Maryam-Fatehah-Adibah

2. Definition of Tort & Islamic Tort
O Generally tort is a legal term for all the
prohibited acts committed either upon the
person or property. It is an infringement of
a private right belonging to an individual.
O Definition tort in Islam: the Arabic word
of tort is generally jinayat which applied to
injuries illegally inflicted on the human
body whether such injuries have caused
death, grievous hurt or merely simple hurt.

3. Definition of Jinayat
Divided into 2:
O General meaning: prohibited actions
according to shara’ which are commited
against the human body (nafs) or property
(mal)
O Specific meaning: aggression against the
human person or his limbs such as
murder, bodily injury, beating, wilfull
abortion, which is punishable by hudud or
qisas or diyah.

4. Concept of tort and
jinayat in
Quran & Hadith

5. Quran
1) An-Nisa:32
‫وال‬‫تتمنوا‬‫ما‬‫فضل‬‫هللا‬‫به‬‫بعضكم‬‫على‬‫بعض‬‫للرجل‬‫نصي‬‫ب‬‫مما‬
‫اكتسبوا‬‫وللنساء‬‫نصيب‬‫مما‬‫اكتسبن‬‫وسئلو‬‫هللا‬‫من‬‫فضل‬‫ه‬‫إن‬‫هللا‬‫كان‬
‫بكل‬‫شىء‬‫عليما‬
Explanation by Mawdudi:
Man is naturally inclined to feel uneasy
whenever he sees someone else ahead of him.
This is the root of jealousy and envy, of cut-
throat competition and animosity to obliterate all
differences between human beings, he in fact
engages in a war against nature and inflicts
wrong of another kind.

6. 2) Surah as-syura :40
‫مثلها‬ ‫ّئة‬‫ي‬‫س‬ ‫ّئة‬‫ي‬‫وجزؤاس‬
The recompense for an injury is an injury
equal thereto
3) Surah an-nahl:126
‫به‬ ‫عوقبتم‬ ‫ما‬ ‫بمثل‬ ‫فعاقبوا‬ ‫عاقبتم‬ ‫وإن‬
And if ye do catch them out, catch them out
no worse than they catch you out

7. Hadith
O‫يومكم‬ ‫كحرمة‬ ‫حرام‬ ‫عليكم‬ ‫وأعراضكم‬ ‫وأموالكم‬ ‫دماءكم‬ ‫إن‬
‫هذا‬ ‫شهركم‬ ‫في‬ ‫هذا‬ ‫بلدكم‬ ‫في‬ ‫هذا‬
Your blood, your properties and your honour are as
sacred as the sacredness on this day of yours, in this
city of yours and this months of yours
O‫فل‬ ‫أخذه‬ ‫فان‬ ‫والجاد‬ ‫العبا‬ ‫أخيه‬ ‫متاع‬ ‫يأخذ‬ ‫أن‬ ‫ألحد‬ ‫يحل‬ ‫ال‬‫يرد‬
‫عليه‬
Nobody among you should take a chattel of his brother
with or without serious intention. If anyone takes it, he
should return in to him

8. O‫ترد‬ ‫حتى‬ ‫أخذت‬ ‫ما‬ ‫اليد‬ ‫على‬
It is incumbent upon a person who takes a thing
from another to return the thing to the rightful
possession.
O‫نفس‬ ‫طيب‬ ‫بغير‬ ‫أخيه‬ ‫عصا‬ ‫يأخذ‬ ‫أن‬ ‫المرئ‬ ‫يحل‬ ‫ال‬‫منه‬
It is not allowed for the man to take his brother’s
stuff except with his goodwill.

9. Conclusion
O There are differences between English
Law of Tort and Islamic Law of Tort.
Islamic law of Tort covered widely in Fiqh
Jinayat.
O Islam preserve and protects the property
and honour of people and lays down
justice in society as a whole.