Estimating Compensation Due to those Affected by Terrorist Acts

Authors

  • Assistant Professor Doctor Aisha Mohamed Ismail Elamin College of Business Administration Prince Sattam Bin Abdulaziz University

DOI:

https://doi.org/10.35246/jols.v38i1.612

Keywords:

Compensation, Terrorist Acts, Damage, Assessment of Compensation

Abstract

      The research aims to study the estimation of compensation due to those affected by terrorist acts, guided by the legal systems in the Kingdom of Saudi Arabia and the experience of the French and Egyptian legislators, beginning with the dispute over the definition of terrorist act, and analyzing the extent of countries’ commitment to compensating those injured by terrorist acts, the legal basis for compensation for damage, and how the injured person is entitled to compensation and its relationship to standards Compensation and how to estimate it.

              The research reached several results, including the multiplicity of legal trends in defining a terrorist act, and the most prominent of these trends is the material trend, which focuses on the behavior leading to the crime or its component, and the moral trend, which is concerned with the goal of the terrorist act. The French legislator created a special law for this purpose, but he committed a fund to finance the compensation due for the damages of terrorist acts, and in addition to the Egyptian law, a definition of terrorist acts was established.

            The assessment of compensation in the Kingdom of Saudi Arabia depends on a settlement committee formed for this purpose, and unless the law specifies provisions for calculating compensation, the judicial assessment of compensation is subject to the assessment of compensation based on the subsequent damage according to the availability of several basic elements. The assessment of compensation for material damage is relatively easier than others, as the courts were included in In most cases, an expert is appointed to perform that task. Although the expert's opinion is not binding on the court, it is often used as a guide and is considered a reason for the judgment. The court also considers the seriousness of the official's mistake and the extent of its impact on the injured party in estimating compensation.

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References

First: Islamic Jurisprudence Books:

i. Al-Dimashqi, Imam Muhyiddin Abi Zakaria Sharaf Al-Nawawi, Beirut 1405 AH, investigation by Adel Abdel-Mawgoud, Rawdat Al-Talibeen and Umdat Al-Mufti, Dar Alam Al-Maktabat, Part 4.

ii. Faizullah, Muhammad Fawzi, 1983, Theory of Guarantee in Contemporary Islamic Jurisprudence, Maktabat Dar Al-Turath Al-Islami, 1st edition, Kuwait.

Second: Law Books:

i. Al-Hakim, Abd al-Majid and al-Bakri, Abd al-Baqi, al-Bashir, Muhammad Taha, al-Wajeez, 1980, in the theory of adherence to Iraqi civil law, Part 1.

ii. Hassan, Atef Abdel Hamid, 2006, Terrorism and Civil Liability, Compensation for Damages Arising from Terrorist Acts in Egyptian Law and French Law, Dar Al-Nahda Al-Arabiya.

iii. Al-Amiri, Saadoun, 1981, Compensation for Damage in Tort Liability.

iv. Al-Aboudi, Mohsen, 1990, The Basis of the State's Responsibility for Compensating the Victim in Criminal and Administrative Law and Islamic Sharia, Dar Al-Nahda Al-Arabiya.

v. Oweis, Hamdi Abu Al-Nour Al-Sayed, 2016, The State’s Responsibility for Compensating Disaster Victims, Dar Al-Fikr Al-Jamieiu, Alexandria, 1st edition.

vi. Atallah, Imam Hassanein, 2004, Terrorism and the Legal Structure of Crime, Dar-Almatbweat Aljmieia.

vii. Abdul-Mahdi, Fikri Atallah, 2000, International Terrorism, Explosives, Dar- Alkitaab Al hadith.

viii. Shukri, Muhammad Aziz, 2002, International Terrorism and the Current World Order, Dar Al-Fikr, Damascus.

Third: Research and Articles:

i. Ibrahim, Hosseini Ibrahim Ahmed, 2017, The legal system for compensating damages arising from terrorist acts in the Saudi regime, Islamic Research Journal, Q3.

ii. Al-Baqali, Rashid, 2021, The State’s Responsibility to Compensate Victims of Crimes, Paths in Legal Research and Studies,.

iii. Al-Nafa’i, Abdullah Obaid Amer: 2016, The Basis of the State’s Responsibility for Compensation for Terrorist Acts in Positive Law and Islamic Jurisprudence, a comparative study, Journal of Sharia Research and Studie.

iv. Abdel Raouf, Mohamed Refaat, 2019, Estimating Compensation for Error, Middle East Research Journal, Ain Shams University.

v. Al-Akkam, Muhammad Farouk, 2005, The method of compensation for damage and the time for estimating compensation, a comparative jurisprudential study, Journal of the Faculty of Dar Al-Uloom, p. 34, Faculty of Dar Al-Uloom, Cairo University.

vi. Khaled, Nawaf Hazem, The role of the magnitude of the error in estimating the amount of compensation, Journal of Laws, Volume 3, p. 11/12, College of Law, Al-Mustansiriya University.

Fourth: Scientific Theses:

i. Al-Borai, Salah Hassan, 1999, The Basis of Civil Responsibility for Personal Actions, Ph.D. Thesis, Faculty of Law, Mansoura University.

ii. Al-Janabi, Abd al-Rahman Ayyash Sobh, 2013, The State’s Responsibility for Compensating Victims of Terrorist Crimes and Military Actions: An Applied Study on the State of Iraq, Master Thesis, Arab Research and Studies Institute.

iii. Heikal, Mahmoud Ibrahim Ahmed Ibrahim, 2016, Recent Trends in Civil Tort Liability, a Comparative Study, PhD Thesis, Faculty of Law, Mansoura University.

iv. Al-Hasnawi, 2011, The Time of Hamid Hadi, The Victim’s Right to Compensation for Terrorist Acts, Master Thesis, College of Law, Al-Mustansiriya University.

v. Al-Tamimi, Muhammad Salih Khalil Ibrahim, 2015, Compensation for Damages Resulting from Terrorist Crimes, Ph.D. Thesis, Faculty of Law, Ain Shams University.

Fifth: Regulations:

vi. The Saudi Law of Combating Terrorism Crimes and Its Financing, issued on 2/12/1439 AH

https://laws.boe.gov.sa/Boelaws/Laws/LawDetails/57694209-3eed-46c7-a5d8-a9ed012761d4/1

vii. Egyptian Anti-Terrorism Law No. 94 of 2015 AD, issued on 8/16/2015 AD

viii. French Law No. 86-1020 issued in September 1986 AD2006.

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Published

2023-06-15

How to Cite

Elamin, Aisha. 2023. “Estimating Compensation Due to Those Affected by Terrorist Acts”. Journal of Legal Sciences 38 (1): 489-510. https://doi.org/10.35246/jols.v38i1.612.

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