The Application of Section 2 of Animals Act 1971 of English Law: An Islamic Approach

  • Abdul Basir Bin Mohamad National University of Malaysia, Malaysia.

Abstract

Liability caused by animals is a common disorder that occurs in agricultural societies. Therefore, it is not surprising that it has been the subject of legal debates since time immemorial. There are many general rules relating to the torts of animals, which acquired through the testimony of generations on these matters. At present, most of the injuries are caused by dogs and horses. Liability for damages caused by animals could be divided into three forms, first, being a nuisance, trespass, and negligence; second, invasion by cattle; and third, the liability of scienter action, that is, the liability depends on proof that the defendant knew or ought to know that animals have dangerous characteristics. In those divisions, it would not be avoided that the liability will be borne for damages caused by dangerous animals and non-dangerous animals. These two kinds of animals will be elucidated in this article, initiated by English law and then followed by the opinions of the Muslim jurists of Sunni schools, which are actually based on primary sources of Islamic law, the Quran and the traditions of the Prophet (peace be on him). In England, many common law rules have been replaced by the Animals Act 1971 that has been used as a basis for discussion in this article. Finally, the article concludes that the ultimate goal of all laws, whether based on reason or revelation, is to establish justice in the society.

Author Biography

Abdul Basir Bin Mohamad, National University of Malaysia, Malaysia.
Professor, Center of Contemporary Fiqh and Syariah Compliance, Faculty of Islamic Studies, National University of Malaysia, Malaysia.
Published
2018-06-22
How to Cite
Mohamad, A. B. B. (2018). The Application of Section 2 of Animals Act 1971 of English Law: An Islamic Approach. ISLAMIC STUDIES, 55(3-4). Retrieved from http://irigs.iiu.edu.pk:64447/ojs/index.php/islamicstudies/article/view/206