Published Online:April 2026
Product Name:The IUP Journal of Law Review
Product Type:Article
Product Code:IUPLR020426
DOI:10.71329/IUPLR/2026.16.2.19-36
Author Name:Ahmed Swaitti
Availability:YES
Subject/Domain:Law
Download Format:PDF
Pages:19-36
The rules of tort liability regulate a category of civil liability associated with material acts that cause compensable damage. General rules governing this type of liability have established both general and specific controls. However, in light of practical reality, a development has occurred in the rules of tort liability in many jurisdictions, reflecting societal evolution and ensuring conformity with the characteristics of modern society. This study focuses on the following principal question: To what extent do the general provisions of the Majalla al-Ahkam al-‘Adliyya (enacted in 1876) and the Civil Wrongs Law correspond within the scope of tort liability, and to what extent are both consistent with modern developments in relevant legislative texts and judicial rulings, particularly in the field of tort liability? The paper adopts a descriptive-analytical methodology, with comparative analysis employed, where required, to deepen the understanding of the legal rules. The scope of the study is limited to liability arising from personal acts.
In Palestine there is, to date, no unified civil code. The rules governing civil liability are derived primarily from Hanafi jurisprudence (one of the four schools of Islamic law), as codified in the Majalla al-Ahkam al-‘Adliyya, which functions in effect as a civil code. Originally promulgated during the Ottoman era, the Majalla remains applicable in Palestine. However, during successive governing regimes, including the period of the British Mandate, specific legislation was enacted to regulate tort liability. In particular, the British authorities promulgated the Civil Wrongs Law No. 36 of 1944, as amended by Law No. 5 of 1947, which continues to govern tort liability to this day.