[en] The "Egg-shell Skull" Rule in Cases of Nervous Shock in Islamic Law of Tort

Abstract

The "egg-shell skull rule" is a legal rule or doctrme used in both tort law and crminal law that bears or shoulders upon a person the liability for all injurles resulting from his acts leading to such mjurles to another person regardless whether they are foreseeable injuries or unforeseeable injuries. The rule or doctrine is applied in all areas of torts that are intentional torts, negligence, nervous shock, strict liability and so on. The main aim of this paper is to diagnose whether the rule or doctrine is available in the discussion of the Muslim Jurists or not. The method used In this paper Is analyzed document (library research). The result of the paper is in the fact that it could be said that the "egg-shell skull rule" is not a strange rule in the Islamic law of tort, but however it is not highlighted by the Muslim jUrists In a specific term in their works, which may be focused directly on the rule.