Kuwait Court of Cassation principle number 3812

The direct actor in Islamic Sharia jurisprudence. Its definition. The distinction between direct action and indirect causation. - The gross misconduct that removes the direct actor’s liability is inexcusable fault consisting of fault reaching an extraordinary degree of gravity and arising from a voluntary act whose perpetrator senses its danger and for which there is no justifying reason. Example. - The deceased’s driving his car negligently, recklessly, and at a speed exceeding the prescribed limit, its veering left, mounting the central median, descending into the opposite direction and colliding with the insured car approaching in the correct direction, and the deceased sustaining injuries that caused his death. Gross misconduct by the deceased removing the characterization of direct actor from the driver of the insured car.