Examining the Jurisprudential Foundations of Civil Liability in the Transmission of Contagious Diseases (Principles of No Harm, Direct Damage, and Causation)

Abstract

This study seeks to examine the jurisprudential foundations of civil liability arising from the transmission of infectious and communicable diseases. Given the importance of public health and the experiences of global epidemics, clarifying the religious and legal duty of the patient or potential carrier has particular significance. The present research, using a descriptive and analytical method and supported by library resources, analyzes three important jurisprudential principles as the basis of civil liability. The findings indicate that the principle of La Darar (no harm) as a key foundation prohibits any act or omission that causes health-related harm to others. On this basis, an individual who, knowingly and deliberately, exposes others and thereby spreads disease is liable for the damages incurred. The principle of Itlaf (direct damage) applies in cases where a person directly and immediately acts as the cause of transmission (such as deliberately sneezing or coughing on another person). In such instances, the individual is considered a mubashir (direct agent) in the destruction of another’s health and is held responsible. Furthermore, the principle of Tasbib (causation) is applicable when a person indirectly, through preparatory or negligent conduct, facilitates the transmission of disease. Failure to observe quarantine, concealing illness, or unauthorized use of contaminated public instruments and facilities constitute instances of tasbib. According to this principle, the musabbib (indirect cause) is deemed liable.