ABSTRACT
This paper addresses similarities and differences between the US law and Islamic law, and considers how each system might benefit from the other. Within the scope of limitations on remedies, the paper explores foreseeability, causation, mitigation, and certainty. How the two systems understand the concepts is described, and the concepts are examined through the lens of fairness. A comparative analysis follows, investigating similarities, divergences, and possible enhancements to the law. The foundation of morality, set in the context of the two systems, establishes grounds for the potential merger of morality and the limitations on remedies.
Aldossary, Fahad, Are the Limitations on Remedies Fair? A Comparative Study Between the US Law and Islamic Law (May 18, 2021).
First posted 2021-05-21 08:45:29
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