Causality within the framework of objective liability and Islamic Sharia

Abstract

Basically, proving liability for negligence requires the presence of three fundamental elements: harm, wrongful act, and the causal relationship between them. This means that there must be tangible material impact linking the harm to the person responsible for the act that can be attributed to them. In other words, liability cannot exist without a tangible causal connection.

It's worth noting that most jurists and legislators usually focus on the wrongful act and the harm, while only a few delve into the element of causation. In this context, this study delved into the evolution of causation and the primary theories it relied upon in both statutory law and Islamic jurisprudence.

The study concluded that causation is the essential condition for establishing liability for negligence. Whether in statutory law or Islamic jurisprudence, it falls on the judge to form their conviction by employing evidence as a legal expert rather than as a practical practitioner, without the burden of proving the causal link.