In the Name of Allāh,
the Entirely Merciful, the Especially Merciful
Praise is due to Allāh, Lord of the worlds, may the blessings and peace be upon our master Muḥammad, the last of prophets, on his family, and all his companions.
Resolution No. 71 (2/8) Traffic Accidents
The Council of the International Islamic Fiqh Academy of the Organization of the Islamic Conference, holding its 8th session in Bandar Seri Begawan, Brunei Darussalam, on 1–7 Muḥarram 1414h (21–27 June 1993),
Having examined the research papers submitted to the Academy concern- ing Traffic Accidents,
Having listened to the discussions on the subject,
Having witnessed the increasing traffic accidents and their escalating dan- gers to human life and belongings,
Having considered that the preservation of public interests requires the implementation of traffic rules, including the authorization of vehicles on the basis of their safety measures such as safety equipment, ownership transfer rules, in addition to sufficient precautions related to the issuance of driving license under conditions such as age, fitness, eyesight, knowledge of and compliance with traffic rules, speed and load limits,
Resolves
First:
- Complying with these regulations that are not contrary to the rules of Shariah is a duty prescribed by Shariah as it falls within the purview of obeying the ruler (government) in the provisions he makes for the public These regulations should also include the provisions of Shariah that have not been applied so far in this field.
- Public interest also calls for the promulgation of different types of punitive measures, including financial penalties as may be determined for anyone who violates traffic rules in order to prevent those who, through their possession of vehicles or other means of transport, endanger people’s lives on the road or in public places, taking into consideration the prescribed rules of Hisba (accountability).
Second: Accidents resulting from the use of vehicles are subject to the same felony rules defined in Shariah, even though in most cases they are the result of
inadvertence – the driver is liable for whatever damages he may cause to others whether physical or financial, as long as the error and damages are established. He is only exempt, except in the following cases:
- If the accident is the result of a force majeure which he could not anticipate or This includes all matters outside human interference.
- If the accident is caused by the victim who has largely contributed to the
- If the accident is due to an error or a transgression committed by a third party, in which case, the latter is held
Third: In case of road accidents caused by animals, the animal’s owner shall cover the damages if he has neglected keeping them under control. The final verdict in such cases rests with the judiciary.
Fourth: If the driver and the victim are equally liable for causing the dam- ages, then each will be liable for the other’s damages, both physical and financial.
Fifth:
- With due consideration to the details below, initially, the party active in the accident shall cover damages, even though he or she may not be in transgression, whereas the passive party shall only cover damages in case of transgression or excess.
- If the active and passive parties are both involved, liability shall be incurred by the active party alone unless the passive party is in transgression and the active one not.
- If the accident is the result of two different causes, each contributing to the damages, then each party shall bear a share of liability proportionate to his or her contribution to the However, if their contribution to the accident is equal or unclear, the parties shall bear equal liability.
Indeed, Allāh is All-Knowing.
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