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Connection Between Positive Laws and Islamic Sharia
The article discusses the causal link in both positive laws and Islamic Sharia, clarifying that Islamic Sharia requires the existence of a causal relationship between an act and its result for a person to be held responsible. It is sufficient that the act is an effective cause in producing the outcome, without the need for the cause to be the sole reason. The article reviews the four causal theories in legal systems: the direct theory, the strongest cause theory, the equal causes theory, and the appropriate cause theory, illustrating how each applies to different situations. It notes that the French judiciary often relies on the theory of equal causes, while the Egyptian legislation tends toward the appropriate cause theory. It emphasizes that the causal relationship depends on the presence of a decisive cause leading to the result, highlighting the importance of errors or unexpected factors that may sever the causal link. Finally, it affirms that the Islamic system emphasizes the existence of a causal connection between the act and the outcome, considering will and intention insufficient unless there is an effective cause in bringing about the result.
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