أساس المسؤولية المدنية في الفقه الإسلامي

Abstract

Civil liability in Islamic jurisprudence is founded on tortious liability, whereas positive law considers fault to be the essential basis of liability, which consequently obliges the wrongdoer to compensate the injured party for the damages sustained.  
Islamic jurisprudence, however, does not regard fault as the decisive element; rather, it focuses on the harm resulting from the act or conduct, and mandates compensation for such harm in order to uphold justice and protect rights. 
Nevertheless, this approach did not prevent jurists from recognizing a distinction between contractual liability and tortious liability. They differentiated between the two through practical application, namely between liability for damage (Itlaf) and liability arising from contracts. 
Across all schools of Islamic jurisprudence, the principle of compensation for harm inflicted upon others has been established as a fixed legal foundation, derived from the principles of Sharia, aimed at safeguarding rights, redressing grievances, and ensuring justice within society.