- All Journals
- Al-Qadisiyah University
- Basrah University
- Kirkuk University
- Mosul University
- The Iraqi Borad for Medical Specialization
- University of Anbar
- University of Technology
- Al Mustafa University
- Al-Zahraa University for Women
- Alnoor University
- Kunooz University
- Misan University
- Ninevah University
- Tikrit University
- University of Al-Hamdaniya
- University of Kerbala
Guaranteeing the one who caused it in Islamic jurisprudence | ||
| Kirkuk University Journal: Humanity Studies | ||
| Volume 20, issue 1, part 1 - Serial Number 20, March 2025 PDF (997.95 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.32894/1992-1179.2025.20.01.01.07 | ||
| Author | ||
| Bakr Abbas Ali* | ||
| Diyala University/College of Law and Political Science/Department of Law | ||
| 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. | ||
| Keywords | ||
| Guarantee; Islamic jurisprudence; the causer; damage | ||
|
Statistics Article View: 235 PDF Download: 105 |
||