Tort law is a compelling and dynamic area of law, affecting many aspects of individuals’ lives. A strong understanding of tort principles is important for legal practice, as lawyers may be required to represent clients in a range of tort disputes, from a physical altercation in a bar, to a fall in a supermarket or possibly the lowering of a client’s reputation through defamatory material posted on the internet. At its core, a tort is a civil wrong. Deriving from the Latin word tortum (‘wrong’), a tort is an act or omission that infringes upon the rights of individuals in society, allowing the aggrieved individual to seek a legal remedy.

The Islamic law of homicide does not fall neatly into the category of either civil wrongs or crimes, but rather belongs to an intermediate group that captures elements of both categories. In this chapter, this dichotomy is presented by applying to the law of homicide first the modern distinction between civil wrongs and crimes, and then the Islamic distinction between ḥuqūq Allāh (the equivalent of public law) and ḥuqūq al-‘ibād (the equivalent of private law). The criminal and the tortious elements of the law of homicide are highlighted and exemplified from Shari‘a texts. The religious components of the law of homicide are also discussed.