Abstract

The research deals with the subject of the direct and the causative, in the responsibility of guaranteeing the harmful act, which is an original issue in Islamic jurisprudence, and there is nothing similar to it in positive law. Islamic jurisprudence has sought to establish liability on the basis of justice, and balance between the right of the injured party to be be compensated for the damage, and the responsibility of the perpetrator of the harmful act in guaranteeing the damage that occurred because of it; if the damage occurs through directness, the direct party bears the compensation immediately. When it occurs through causation, the causer is not liable except on the condition of transgression, so that the side of the person who caused the damage outweighs the side of the one whose action mediated between the damage and the causer, so the liability falls on him and not the other.