The intermediary in the Saudi civil transactions system, civil liability, by Dr. Shawakh Al-Ahmad

The Concise Guide to Civil Liability, a Comparative Study between Islamic Jurisprudence and Law Author: Prof. Dr. Shawakh Muhammad Al-Ahmad, Professor at the College of Law, Dar Al-Uloom University The book is 296 pages. Islamic jurisprudence has established the theory of guaranteeing the harmful act against others (tort liability) based on the strength of the relationship between the harmful act and the damage or harm. Therefore, if the relationship between them is direct – such as the connection of the machine to the place of damage – the damage is considered caused directly, and the one causing it is called the direct cause, and the direct cause is liable even if he did not exceed. But if another act intervenes between the harmful act and the damage, without the possibility of attributing the damage to it, then the damage is caused by causation, and the one causing it is called the causative, and the causative is liable only if he intentionally, negligently, or carelessly failed to take precautions. Thus, in distinguishing between direct causing and causation, Islamic jurisprudence does not consider the behavior of the actor – as in law, whether the person deviated or not from the usual behavior – nor the act of the actor when the damage is caused directly, but rather the strength of the relationship between the harmful act and the damage or harm. In addition, it was necessary to clarify and define the concepts of directness and causation, and the ruling of liability in each. The book also clarifies and defines the relationship between transgression and damage, known in Islamic jurisprudence as “Ifdā’,” and the causal relationship in legal jurisprudence. However, that relationship is not classified as a pillar, as in legal jurisprudence, but rather as the absence of a barrier to the cause. These issues are elaborated upon, along with liability for the acts of others (liability of the supervisor, and liability of the superior for the subordinate), and liability arising from damages caused by objects, whether living, such as animals, or non-living, such as buildings, mechanical devices, and objects requiring special care. The book also discusses contractual liability, and the effects of liability, including claims and compensation. All these topics are addressed in the book through a comparative study between Islamic jurisprudence and law.