Assault and battery in Islamic Law of Tort Assault and battery in Arabic means transgression which occurs together

with bodily and beating. In the Shariah, there is not a specific word for both. However, any action could be linked to assault and battery is prohibited. The prohibition of these action based on the idea of the dignity of mankind. The Islamic Law of tort goes to great length to protect every citizen from interference with his personal liberty and dignity. The Quran states: Its meaning: we have honoured the sons of Adam. This verse depicts the unique distinction of man and makes him superior in this respect to all other animate beings. The Quran says again: Its meaning: we have indeed created man in the best of moulds. The prophet also depicted the concept of dignity of man in his hadith. God created Adam in His image. The meaning of the Quranic verses and a hadith above is that torture, beating and assault, on the sons of Adam are unlawful and prohibited. Assault has been expressly condemned by the Prophet in his hadith: The angels invoke a curse upon him who pointed a weapon towards his brother, even if he is his real brother, so long as he does not abandon pointing it. In another hadith: When any one of you happens to go to a meeting or the bazaar with an arrow in his hand, he must grasp its pointed head. Then he again said: he must grasp its pointed head. The Prophet said again: the angels invoke a curse upon him who pointed a piece of iron towards his brother. In Islam, it is actionable to point a gun at a man in a threatening manner, even though it is unloaded. The aim of condemnation of assault by the Prophet in his hadiths is to protect the lives and honour of people. The word weapon or arrow or piece of iron here include all the points and edges of weapons which can do harm,e.g., spearhead, blade of a knife, sword, the barrel of the gun,fist,etc.

The Prophet also condemned battery. It was reported as follows: A person bit the arm of another person, he pulled his mouth away from the arm and one of his fore teeth fell out. This matter was taken to the Prophet and he turned down saying: Did you want to eat his flesh?. In another hadith, it was reported that: A person bit the arm of the servant of Yala b. Munya. He pulled his mouth away from the arm one of his fore teeth fell out. The matter was referred to the Prophet and he turned it down and said: Did you intend to bite his hand, as the camel bites? Cases of assault and battery in Islamic Islam prohibits the action of pulling away the chair from under a person whereby he falls to the ground, or sprinkling water in the way, and someone falls in consequence. In the case of sprinkling water in the way, either intentionally or by performing ablutions there, where upon a person slips causing injury, the sprinkler will be liable compensation. If person drops a slippery substance, such as oil or water or grease on the highway and an animal of another person or a person slips thereon and is injured, the first person is liable. A man having placed a slippery substance on the path with the intention of causing hurt to a person is liable to retaliation if the death of the person has been caused thereby. If he had no intention of harming anyone or if someone other than the person he intended to harm suffered damage, he is liable only to pay diyah. In English law of tort, any person who brings intentionally any materials object into contact or touch with anothers person, may be said as, a sufficient act to establish a battery. This could be related to the case of pulling away a chair from under a person whereby he falls to ground. The Muslim jurist maintained that if a person riding his animal on the highway, and another person strikes or goads the animal without the consent of the rider so as to cause it to kill a man by kicking, or treading him down, or running over him, the responsibility rest upon the person who so struck or goaded it, not upon the rider. If the animal throws his rider and kills him, the diyah for him is due to form the aqilah of the striker or goader. The author of the Mukhtasar from Maliki School noticed that whoever aims at another an unsheathed weapon, without pursuit and without ill will, will be liable to pay diyah, if such other shall have succumbed to fight. Muslim Jurist and Scholar views and examples for Assault and Battery

Abu Hanifah and Malik bin Anas opine that if a person intentionally throws a stone at another who was indiscreetly looking at him through a window, and hits the peeping-tom one in the face, the thrower is liable. This is because the thrower can prevent the other from looking at him without throwing the stone. Otherwise, if the thrower did it unintentionally, he is definitely not liable. On the other hand, al-Shafii, al-Ghazali and Ibn al-Qudamah opine that the thrower is not liable. This group uphold their views by quoting a hadith:''If any person were to look at your without permission and you were to throw a pebble at him and put out his eye, you would be guilty of no offence''. Neither diyah nor qisas is fixed for him. From Hanafis Scholar views, if a person be carrying a load stone or wood upon the highway, and the load fall upon any person or he throws it upon another person, so as to kill him, the responsibility rests upon the carrier.

The difference between assault and battery 1- An assault is a crime or tort in which somebody (physically) threatens or attempts to hurt someone else.
2- Battery is the crime or tort of intentionally touching someone else without permission

(literally, the act of "battering" somebody).