Grounds for Exemption from Civil Liability in Islamic Jurisprudence and Afghan Positive Law
Year: 2026
Type: article
Abstract: Civil liability within Islamic jurisprudence and the legal system of Afghanistan is predicated upon the principles of restitution (compensation) and the administration of justice. In both Islamic jurisprudence and positive regulations, there exist specific grounds for the exemption or discharge of such liability. These grounds include force majeure, the consent and permission of the injured party, legitimate defense (self-defense), the fulfillment of legal obligations, and the absence of fault. Force majeure pertains to unforeseeable and unavoidable events that either impede the fulfillment of an obligation or result in the incurrence of damages; under such circumstances, the individual is absolved of civil liability. Furthermore, should the injured party voluntarily and knowingly assume the risk, the responsibility for compensation shall not fall upon another party. Legitimate defense and the performance of legal duties likewise serve as grounds for exemption, provided they are conducted in accordance with established legal criteria. Additionally, the absence of fault—implying that the individual has committed no act of negligence or imprudence—may also be regarded as a factor for the discharge of liability. By drawing upon jurisprudential foundations and enacting specific civil and criminal statutes, the legal framework of Afghanistan seeks to maintain a balance between the rights of the injured party and the liability of individuals. Consequently, a precise understanding of the grounds for exemption from civil liability within the Afghan legal system necessitates a comparative analysis of Islamic jurisprudence and national legislation, which can be instrumental in the clarification and advancement of civil liability law.
Institution: Jami University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7204226712