Responsibility of a perpetrator and a causer in Omani civil transactions law a comparative study with Jordanian civil law and Islamic jurisprudence

Ahmad Abdul Karim Mousa Al-Sarayrah ()

Edelweiss Applied Science and Technology, 2025, vol. 9, issue 1, 846-855

Abstract: The current study aims to explain the responsibility of a perpetrator and a causer in Omani Transactions Law, and compare it with Jordanian Civil Law and Islamic jurisprudence, as Omani legislator imposed guarantee on a perpetrator in case there is harm to others without a condition, even he has to require infringement, since it is familiar in our life that harm occurs while a person practicing his legal right without infringement. The study also aims to explain the extent of possibility of adding the word infringement to the text of the Article (176/2) of Omani Transact Law and the Article (285) of Jordanian Civil Law in case the act of a perpetrator and a causer meet to achieve justice, and explain how to prove the perpetrator’s infringement. It is clear that a perpetrator’s act whether the actor uses a sharp tool or a living thing like one part of his body or another person’s body is positive which causes harm to others, as it is considered a perpetrator and commits guarantee without a condition, provided that the tool’s act or thing used is independent form it. Omani Civil Transactions Law does not require infringement during a perpetrator’s practice of his act, which does not agree with the rules of justice, as it is common in our daily life that harm is resulted from a person’s use of his legal right while practicing his act. The researcher adopted the descriptive and analytical method to describe legal texts related to the responsibility of a perpetrator and a causer in Omani Transactions Law, and compare it with Jordanian Civil Law and Islamic jurisprudence. The study reached a number of results including the perpetrator’s act is positive which causes harm to others, as it is considered a perpetrator and commits guarantee without a condition whether the actor uses a sharp tool or a living thing like one part of his body or another person’s body, the responsibility of a causer is throughout the condition of infringement by a causer, as this condition is sufficient since it includes intention, the causative relationship between an act and harm is present in both of a perpetrator and a causative, where it is in a perpetrator is more clear than in a causer and Omani Civil Transactions Law does not require infringement during a perpetrator’s practice of his act, which does not agree with the rules of justice.

Keywords: Causer; Compensation; Harm; Infringement; Perpetrator; Responsibility; The majeure force; Unpredictability. (search for similar items in EconPapers)
Date: 2025
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