Author

Yasir Almalki

Date of Award

4-29-2021

Author's School

School of Law

Degree Name

Doctor of Juridical Science (SJD)

Degree Type

Dissertation

Abstract

This thesis will focus primarily on the available remedies in Islamic law for torts and contracts breach. The dissertation covers damages, restitution, coercive remedies, and declaratory remedies in Islamic law and compares them to Anglo-American Law. This dissertation will attempt to synthesize the remedies principles in the common law with the remedies principles in Islamic law. This thesis will explore to what extent the common law and United States legal system might inform the modern Saudi Islamic legal system while still preserving fundamental Islamic principles. There are four main topics in this study. The first topic discusses remedies for torts and breach of contract in Islamic law. The second topic studies the methods of determining remedies in both Islamic and common law. The third topic is calculating damages in both Islamic and common law. The last topic discussed is how this dissertation can improve the remedies system in Saudi Arabia Islamic law. The dissertation studies these topics throughout the dissertation’s chapters. There is a need for a comparative analysis of the common law with Islamic law to identify improvements for the Islamic law of remedies.

Chair and Committee

Gerrit de Geest, Supervising Professor; Scott Baker, Examining Professor; Peter Joy, Examining Professor.

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