Kuwait Court of Cassation principle number 3805

Under Sharia, the direct actor is the person who affected and brought about the destruction and himself brought about death without an intermediary and was its cause; whereas the indirect causer is the person who affected the destruction but did not bring it about himself, rather through an intermediary. The implication of this. The basis of the direct actor’s liability is the occurrence of damage, and therefore it is not rebutted by negating fault. - Intentional gross misconduct that lifts the direct actor’s liability. Its definition: fault descending to the point of being inexcusable, namely an excessive deviation from proper conduct exceeding gross fault without reaching the degree of intending the result, which its perpetrator commits voluntarily by undertaking an unjustified act or omission while aware of the surrounding danger. An example of what is not considered such conduct: a child lacking discernment crossing the road, coming to rest beneath the rear wheel of a vehicle, and dying as a result of its movement. The driver is considered a direct actor of the damage despite the absence of fault on his part and the accident having occurred as a result of the fault - 700 - Obligation of the victim alone. - Gross misconduct that negates liability for personal injury. It must emanate from the injured person, not from the person responsible for him.