The aim of this thesis is to discover cases and principles governing tort in Islamic law. The study is divided into six chapters, an introduction and a conclusion. The Introduction contains the explanation of the general characteristic of crime and tort, the scope, the importance of the study, methodology and the relevant literature of the thesis. Chapter one defines Western and Islamic law of tort, the existence of tort in Islām, some similar concepts between Western and Islām on the law of tort, the concept of ḍamān (liability) in the Islamic law of tort as well as the discussion of Strict Liability and Vicarious Liability. Chapter two is concerned with the types of tort to person and property, particularly the torts of assault, battery, false imprisonment, kinds of trespass, ghaṣb and itlāf. Chapter three examines the Sharī'ah conception of liability for premises and liability for animals. Chapter four expounds the liability for chattels and clears up the nature and scope of nuisance in Islamic law, their origins and concepts. Chapter five elucidates the liability for the escape of fire and water, and concerns also the discussion of liability of medical practitioners and medical negligence. Chapter six discusses more generally the topic of negligence. The thesis concludes by taking an overall look at the ways the law of tort operates in the Sharī'ah.

Thesis (Ph. D.)--UCLA, 2009. / Vita. Description based on print version record. Includes bibliographical references (leaves 343-363).

This dissertation seeks to explain the viewpoint of Islamic international law {siyar) with respect to the various aspects of treaties {mu'abadat) with non-Muslims. The siyar deals with (the notion) of mutual relations between Muslims and non-Muslims during times of war and peace, and thus has become an intrinsic branch of the Shari'a. The varying nature of siyar and its changing interpretation throughout Islamic history captured the attention of a number of jurists and historians from both the classical and modem times, whose works have been frequently consulted throughout this study. In the course of classical and pre-modem Islamic history, treaty-making continued to evolve and contributed to shaping both political and social relations between Muslims and non-Muslims. Non-Muslim residents in Islamic territories {dar al-Islam), such as the abl al-dhimma and ahl al-aman, were dealt with as existing identities within Islam and were also dealt with by the means of contracts ('aqd), which determined their status under siyar. Relations between Muslims and non-Islamic territories {dar al-harb) were detennined by the conditions of peace and war, and treaties between the two were regulated according to the precedent set by siyar. The treaties selected for this dissertation cover the full spectrum of what Muslims and non-Muslims could do to develop and protect the interest of their communities. Thus, this study aims to shed some bight on a relatively untouched branch of Islamic law, while also elucidating the social ramifications of legal theory and practice.

Thesis (Ph.D.). / Written for the Institute of Islamic Studies. Title from title page of PDF (viewed 2008/08/04). Includes bibliographical references.

Thesis (doctoral)--Jāmiʻat al-Qāhirah, 1991. / Includes bibliographical references (p. 359-381).

Thesis (master's)--al-Maʻhad al-ʻĀlī lil-Qaḍāʼ, Riyadh. / Includes bibliographical references (p. 185-189).

Thesis (Ph. D.)--University of Washington, 2002. / Includes bibliographical references (p. 330-349).

Thesis (Ph.D.) -- University of Glasgow, 2002. / Ph.D. thesis submitted to the Faculty of Divinity, University of Glasgow, 2002. Includes bibliographical references. Print version also available.

Thesis (doctoral) -- Jāmiʻat al-Qāhirah, 1991. / Includes bibliographical references (p. 359-381).

Thesis (master's)--al-Maʻhad al-ʻĀlī lil-Qaḍāʼ, Riyadh. / Bibliography: p. 185-189.