ENGLISH-TORTIOUS LIABILITY OF THE STATE: AN EVOLVING DOCTRINE UNDER ISLAMIC AND COMMON LAW PERSPECTIVES

Hafiz Ghulam Abbas; Sadaqut Ali; Javed Hussain Bhayo

Hafiz Ghulam Abbas Associate Professor, School of Law, Bahria University, Islamabad, Pakistan https://orcid.org/0000-0003-4257-1891
Sadaqut Ali Assistant Professor, Department of Law, Grand Asian University, Sialkot, Pakistan https://orcid.org/0000-0002-3125-4826
Javed Hussain Bhayo Lecturer, Shaheed Zulfiqar Ali Bhutto School of Law, Shah Abdul Latif University, Khairpur Mirs, Pakistan https://orcid.org/0009-0003-5742-6475

Keywords: Tortious liability, State liability, Immunity, Liability in Islamic law, Liability in Common law

Abstract

The fundamental idea of liability, state liability, and its evolution in Islam, British India, India, Pakistan, and other specific global jurisdictions are covered in this paper. It also highlights relevant clauses of liability that are established in the legislation of different states. The primary focus of the study is how the laws of the State and its employees establish liability for tortious acts committed against its people while they are performing their duties. This study employs an exploratory research strategy in conjunction with a doctrinal research methodology. It demonstrates that these states initially gave the sovereign complete immunity from lawsuits. However, they have gradually moved away from this ideology and are now approaching this issue differently than the dogma that is in place in Pakistan. Additionally, it identifies the gradual development of a mild sense of state accountability. The "rule of law," which mandates that everyone be treated equally under the law, has served as a foundation for the push to limit immunity in tort. Therefore, this study suggests that efforts to promote this movement be supported and that immunity in various forms of tort law be regularized at the federal, state, and local levels.