Tort Liability Of Novel Coronavirus (COVID-19) Transmission, A Comparative Study Between Civil Law And Rulings Of Islamic Jurisprudence

Abstract

Amidst this terrible spread of the Coronavirus pandemic, it has been observed that one person has transmitted the disease and infected millions of people all over the world, causing human damage to lives, material damages to funds, assets and property, and other moral injuries that are represented in psychological and moral pains suffered by families as a result, particularly when they loss a family member. Here, an important question arises, does a person, who suffered a damage as a result of an infection transmitted to him by a person with corona virus, have the right to claim liability and compensation?
This study highlights the definition of liability concerning the transmission of an infection, as well as the definition of an infection and the elements of tort liability related to the transmission of COVID 19 pandemic infection, and how such infection is transmitted and its effect on tort liability.
The study also deals with the legal and legitimate basis for the responsibility for the transmission of infection, and how compensation for damage resulting from an infection can be estimated, and the Islamic point of view on determining the responsibility for transmitting the infection and claiming a compensation for. The study also looks at the case of abstaining from receiving treatment medical doses and vaccinations and its impact on the tort liability and compensation claim by the infected person.