Islam's precedence in establishing the concept of responsibility: A comparative jurisprudential study

Abstract

This study aims to elucidate the distinction between the concepts of liability under Sharia and under civil law. It also seeks to demonstrate that the Islamic faith was among the earliest religions to establish the foundations of the concept of liability. By employing both comparative and analytical methodologies, the study examines the term "liability" as it appears in Quranic verses, Prophetic Hadiths, and jurisprudential maxims, comparing these with its usage in civil law. The study concludes that the Sharia definition of liability is broader and more comprehensive than the legal definition, and that Islam preceded modern law in establishing the concept of liability—a concept that has since become a cornerstone of civil law. Our research has led to the conclusion that the legislator should, in the long term, consider regulating the provisions and issues of liability independently of the Civil Code by enacting specific legislation covering the various forms of civil liability, while drawing upon the principles of the theory of guarantee in Islamic jurisprudence.