The Administrative No-Fault Liability in Islamic Jurisprudence and its application in State Council’s case laws as well as French and Qatari Legislations

Abstract

Liability without fault lies on two main pillars, damage and causation. Both civil law and administrative law recognize liability without fault. However, the scope of liability without fault in administrative law is broader than that of civil law. In fact, administrative law recognizes the existence of such liability even in the absence of legislative provisions while civil law does not recognize it beyond the boundaries of stipulated legislation.The broader scope of liability without fault in administrative law is based on the decisions of the French State’s Council (known also as The Conseil d'État) which uphold it as an essential protection for individuals against the abuse of power by public authorities.This being said, many argue that liability without fault in administrative law is rooted in Islamic Law, which in fact recognizes its existence long before legislations and administrative judiciary systems. Similarily, Qatari law and Judiciary also recognize this type of liability. This paper will discuss liability without fault in Islamic Law along with its applications in French and Qatari Laws.