CONCEPTIONS OF Ḍ AMĀ N IN THE ISLAMIC LAW, CIVIL LIABILITY IN THE CIVIL LAW, AND TORT IN THE COMMON LAW: A COMPARATIVE STUDY

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DEYLAMI AHMAD

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Journal: PRIVATE LAW STUDIES Year:2019 | Volume:48 | Issue:4 Page(s): 663-682

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Title

CONCEPTIONS OF Ḍ AMĀ N IN THE ISLAMIC LAW, CIVIL LIABILITY IN THE CIVIL LAW, AND TORT IN THE COMMON LAW: A COMPARATIVE STUDY

Author(s)

DEYLAMI AHMAD | Issue Writer Certificate

Keywords

ḌamānQ2

Civil liabilityQ1

Civil lawQ2

Common lawQ2

Legal systemQ1

TortQ1

Islamic FiqhQ1

Abstract

The rapid trend of globalization has left its impression on comparative legal studies. A first prerequisite for a comparative study is identification of the conceptions related to a topic which is subject to comparative studies in several Legal systems. The first step for any comparative study in the realm of Civil liability law, Tort law, and the ḍ amā n-oriented Fiqh and Islamic law is the comparative identification of the three conceptions of ḍ amā n, Civil liability, and Tort. It is significant because our current Iranian law literature is not well transparent in this regard. This leads to inexact and imprecise uses of these terminologies. The present paper deals with each of these three terminologies in their genuine contexts of origination, followed by a mainly conceptual comparison, leading particularly to conceptual relations of ḍ amā n, itself a sophisticated term in the Islamic Fiqh and law, in contrast to its synonymous terminologies in other two Legal systems.

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APA: Copy

DEYLAMI, AHMAD. (2019). CONCEPTIONS OF Ḍ AMĀ N IN THE ISLAMIC LAW, CIVIL LIABILITY IN THE CIVIL LAW, AND TORT IN THE COMMON LAW: A COMPARATIVE STUDY. PRIVATE LAW STUDIES, 48(4 ), 663-682. SID. https://sid.ir/paper/124713/en

Vancouver: Copy

DEYLAMI AHMAD. CONCEPTIONS OF Ḍ AMĀ N IN THE ISLAMIC LAW, CIVIL LIABILITY IN THE CIVIL LAW, AND TORT IN THE COMMON LAW: A COMPARATIVE STUDY. PRIVATE LAW STUDIES[Internet]. 2019;48(4 ):663-682. Available from: https://sid.ir/paper/124713/en

IEEE: Copy

AHMAD DEYLAMI, “CONCEPTIONS OF Ḍ AMĀ N IN THE ISLAMIC LAW, CIVIL LIABILITY IN THE CIVIL LAW, AND TORT IN THE COMMON LAW: A COMPARATIVE STUDY,” PRIVATE LAW STUDIES, vol. 48, no. 4 , pp. 663–682, 2019, [Online]. Available: https://sid.ir/paper/124713/en

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