Rare Justice: Judgements, Decisions and Answers to Difficult Questions part 16

Compensation for Hurt or Death by Quadrupads

Hazrat Ali (A) also declared: If some one is hurt and dies by the fore legs of a quadrupad the owner is responsible to pay the penalty, if by the hind he is not. In case the animal is teased or hit by anyone, the one who teases or hits him is responsible for the penalty.

Orders in Case of Dog -Bite:

Amir-ul-Momineen Ali (A) decided the cases of dog-bites as follows:I. The owner is responsible for paying the penalty to the person concerned if his dog bites some one during day time, if at night he is not,because he has the right for the safety of self and the safe-guard of his property by keeping a dog and unchaining him at night. (Wafi vol.3 p. 126). 2. He (A) also declared that if anyone enters the house of the owner of the dog with his permission he is responsible for the bite and the penalty, therefore, is due from him. (Wasael: Wafi, vol. 21, p. 125).

Compensation for Loss by Grazing or Trampling by the Quadrupeds If some farmer sustained a loss by grazing or trampling of his crops by the quadrupeds of another at day he (A.S) did not hold the owner of the quadruped responsible for it and get the farmer compensated therefor. But such a case occurred at night, he held the owner of the quadruped responsible for it, his plea being that the night is meant for rest and the owner of the crop is not responsible for keeping watch over his farms then.
He, therefore, ordered the owners of the quadruped to take care of them at night and compensate the one who had sustained any loss by his carelessness. (Wasael: vol. 3,
p. 493).

Cases of Trampling under the Feet of a Crowd and Loss of Life Thereby

Hazrat Ali (A) declared that in case some person is trampled and killed and the one who trampled and killed him is not traceable the relations of the deceased should be compensated by the Government Treasury. (Wafi, vol. 3. p. 124).

Mistake in Judgement

If some one was sentenced to death by mistake and under the circumstances beyond the control of a Qazi (Judge) and it was later proved that the sentence awarded was wrong, the amount of penalty for the death of the deceased was paid to his inheritors from Govt. treasury under the orders of Hazrat Ali (A).
(Wafi, vol. 21, p. 127).

Penalty for the Eye of a Horse

Some one hit the eye of a horse. Hazrat Ali (A) ordered the accused to pay 1/4 of the price of the horse to the owner. The price was calculated at the prevailing rates on the day
when the horse had lost its eye. (Wafi, vol. 21, p. 130).

Compensation for a Pig

A Muslim killed the pig owned by some Christian. Hazrat Ali (A) ordered the Muslim to pay the penalty therefor to the owner of the pig.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s