شرط التعدي في مسؤولية المباشر عن الفعل الضار في الفقه الإسلامي مقارنا بالقانون المدني

Abstract EN

The theory of committer and cause is originating from the Islamic jurisprudence which has no equivalent in law.

Islamic legislation, according to this theory, contemplated establishing the accountability on the basis of justice, balancing the right of the injured party with the accountability of the committer.

the committer always assumes the accountability for compensating the injured without any restriction or condition.

where causality occurs, the commission must be an act of transgression.

thus, the effect of causing the offence shall prevail over the effect of the principal who is the mediator between the cause and the effect.

therefore, the accountability will be on the cause rather than the action.

that is what was established in the Islamic jurisprudence.

however, a range of contemporary jurists have demanded the requirement of the transgressive factor in the committer, as well as in causation.

this research was initially done to establish the meaning of the transgression, ensure that it is a requirement to be met by the committer, besides discussing the evidences of the new holders of the doctrine and the validity of what they had gone to.