Abstract:

One of the sources of debt in the law of obligations is wrongful act. This issue is handled within the scope of the law of liability, which is a sub-discipline of the law of obligations. Certain elements are necessary for liability to arise due to wrongful acts. Classical fiqh works have not been codified in the modern legal system. Therefore, it is possible to determine the equivalence of these elements in Islamic jurisprudence by examining specific examples in detail. Moreover, because these examples are susceptible to varying interpretations, differences of opinion have emerged on some points. The concept of ta‘addī (transgress)is accepted as one of the elements of responsibility in Islamic liability law, and the content of the concept is one of the issues on which there are disagreements. The concept of ta‘addī is important enough to help us fully understand the idea of responsibility and the philosophy adopted by fiqh in this regard. The reason for the difference of opinion on the concept in contemporary studies is the different interpretations of the examples in the classical literature on the subject. When these examples are analyzed in general, it is seen that custom also affects responsibility in many of them. This study focuses on the concept of ta‘addī and its use in contemporary studies. Subsequently, the term custom, which is frequently used in the determination of ta‘addī, is discussed. The use of objective custom in the determination of ta‘addī shows that this word means exactly unlawfulness.

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