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All Journal Nusantara: Journal Of Law Studies MILRev: Metro Islamic Law Review
Zeyad Tareq Al-Rawe
College of Law Sohar University, Oman
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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From Remedial to Preventive Justice: A Contemporary Reframing of Civil Liability in Islamic and Comparative Law Salah Eldin Ragab Semida; Zeyad Tareq Al-Rawe; Sarmad Dalaf Hanoosh; Tarek El-Sayed Mahmoud Abu Aqil; Mahmood Shaker Alaloosh
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.13126

Abstract

This study examines the evolution of civil liability from its traditional compensatory function toward a preventive model capable of addressing contemporary technological, environmental, and industrial risks. The research aims to analyze the legal foundations of the preventive function of civil liability, identify gaps in modern legislation, particularly in Arab jurisdictions, and explore how principles derived from Islamic jurisprudence can enhance contemporary legal frameworks. The study adopts a descriptive and comparative analytical methodology, examining statutory provisions, judicial rulings, and doctrinal writings in selected legal systems, including French, Chinese, and Indonesian law, alongside Islamic juristic maxims grounded in uṣūl al-fiqh, particularly the principles of lā ḍarar wa lā ḍirār and sadd al-dharāʾiʿ. The findings reveal that modern legal systems increasingly recognize preventive liability through mechanisms such as judicial injunctions, the duty of care, elimination-of-danger actions, and public interest litigation. However, these mechanisms vary in scope and philosophical foundation, and many Arab civil codes lack explicit and coherent preventive provisions. In contrast, Islamic jurisprudence offers a deeply rooted preventive framework that prioritizes averting harm over compensating for it, grounding liability in ethical responsibility and risk avoidance rather than solely in actual damage. The study concludes that integrating preventive principles into civil liability is both a legal and ethical necessity in the era of complex risks. It proposes a forward-looking legislative framework combining comparative legal techniques with Islamic preventive maxims to strengthen risk management and judicial intervention. Academically, the research contributes a novel comparative model that bridges Islamic jurisprudence and contemporary civil law theory, reconceptualizing liability as a proactive instrument of preventive justice rather than a merely remedial mechanism.
Geographical Indications and Trademark Conflicts: A Comparative Study of Legal Protection and Judicial Enforcement Zeyad Tareq Al-Rawe; Khaled Abdelfatah Mohamed Khalil; Sahar Abdelsttar Emam Aly; Abdelraouf Hassan Abouelhadid; Moustafa Aboumandour Mousa Eisa
Nusantara: Journal of Law Studies Vol. 5 No. 2 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i2.319

Abstract

Geographical indications (GIs) have become an essential component of the international intellectual property regime, protecting products whose quality, reputation, and commercial value are intrinsically linked to their geographical origin. Nevertheless, conflicts between geographical indications and trademarks continue to create legal uncertainty because of divergent national approaches to ownership, priority, coexistence, and enforcement. This study aims to examine the legal relationship between geographical indications and trademarks comparatively, evaluate the effectiveness of judicial enforcement in resolving such conflicts, and develop an integrated legal protection framework to strengthen the economic competitiveness of GI products in international markets. The research adopts a normative legal methodology with a comparative law approach, analysing international legal instruments, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Geneva Act of the Lisbon Agreement, together with national legislation and landmark judicial decisions from the European Union, the United States, and selected Arab jurisdictions. The findings demonstrate that the effectiveness of GI protection depends not only on substantive legal provisions but also on the consistency of judicial enforcement and the institutional commitment to preserving the distinctiveness of geographical names. Comparative case analysis further reveals that effective judicial protection strengthens market exclusivity, enhances consumer confidence, and improves product competitiveness, whereas inconsistent enforcement facilitates the genericization of geographical names and diminishes the commercial value of geographical indications. The study concludes that balancing trademark rights and protection of geographical indications requires harmonized legal standards, coherent judicial interpretation, and stronger institutional coordination to prevent consumer confusion while safeguarding legitimate commercial interests. This research contributes to the advancement of comparative intellectual property scholarship by proposing an integrated framework for judicial enforcement that enhances legal certainty, promotes fair competition, preserves product authenticity, and supports the sustainable global competitiveness of geographical indication products.
Co-Authors Abdelraouf Hassan Abouelhadid Khaled Abdelfatah Mohamed Khalil Mahmood Shaker Alaloosh Moustafa Aboumandour Mousa Eisa Sahar Abdelsttar Emam Aly Salah Eldin Ragab Semida Sarmad Dalaf Hanoosh Tarek El-Sayed Mahmoud Abu Aqil