المسئولية المدنية عن تعويض أضرار موجات أبراج الهاتف النقال

Abstract EN

The study dealt with the definition of the electromagnetic waves resulting from mobile phone towers, the types and extent of their impact on people and the surrounding environment, and the types and characteristics of direct damage caused by these electromagnetic waves to human health, with a citation of scientific studies that prove these damages and their danger to humans.

The study also covered the pillars of responsibility for electromagnetic damages, which are: The error - the damage - the causal relationship - between the damage of those waves and the two types of error: the error that requires a proof, the assumed error, and the statement of Islamic jurisprudence on that responsibility.

The study clarified the ground on which this responsibility is based and proved that this responsibility is closely related to guarding and keeping properties through considering the guardian(owner) of these constellations responsible for the damages resulting from them.

Responsibility can also be based on the theory of abusing the right as well as the unfamiliar harms that may happen to the neighbourhood.

The study clarifies the excellence of the Sharia in troubleshooting these damages without ignoring the expected problems in proving the harm resulting from electromagnetic waves.

In conclusion the study offered some results and suggestions that emphasized the necessity of speeding a legal amendment on establishing the responsibility for those damages as well as amending the technical requirements to establish these towers so that those damages can be reduced.