Liability of a Person Committing a Crime Against Himself or His Properties: A Comparative Jurisprudential Study

Abstract

Purpose: This research aims to clarify the extent of responsibility if the perpetrator is the victim. It seeks to know whether this responsibility is waived by implication, or whether the sanctity of blood and property requires their preservation by imposing a penalty or guarantee in these cases. Theoretical framework: This research is organized into an introduction, two sections, and a conclusion. Design/methodology/approach: The research adopts a comparative analysis of Muslim schools of thoughts to specify the scholars' opinions on the liability of a person committing a crime against himself or his properties. Findings: Sharia law aims to protect lives and property while balancing freedom and responsibility. It requires jurists to be educated in order to understand the reasoning behind rulings and the differences in opinions. This balance sets Sharia law apart from other systems that often prioritize one aspect over the other. Research, Practical & Social implications: Employing legal texts in contemporary issues to address emerging calamities. Originality/value: The value of the study is shown in modernizing the jurisprudential to come up with the new issues that appear in societies.