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Absolute liability of building owners in Islamic law

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2018
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Abstract (EN)

In this study, we examined the absolute liability of building owners in Islamic law. The subject of the thesis is important. Because people have begun to acquire buildings and structures from the early ages, even if it is simple to get rid of their needs for housing. In time, they built buildings and structures with modern and high technology standards to make their living spaces more civilized and flourishing. Of course, these changes and developments have brought some important legal consequences in the field of "liability law". As it is known, starting from Roman law, "defect principle" was sought for responsibility. According to the imperfection principle, there will be no responsibility if the person has no fault. However, this principle has become insufficient over time, and has begun not to establish equity. In the 19th century, however, the West came to recognize this inequity and began adopting the principle of "cause-and-effect". However, Islamic law has adopted the principle of cause called "absolute liability" since the beginning of the work. This is one of the important contributions of Islamic law to the thinking of law. We can easily say that Islamic law is an original and independent law when we think together with the cause-and-effect principle and some others. Because, according to absolute liability, the beneficiary of something is also responsible and liable for his or her damages. According to this principle, building owners are obliged to compensate for their damages as well as their faulty acts. Because it is themselves who are in and out of this business. Then they have to pay for their possible damage.

Author

Mehmet Ergün

How to Cite

Mehmet Ergün (Doctorate thesis). Absolute liability of building owners in Islamic law, 2018, Bursa Uludağ Üni̇versi̇ty.

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