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. 197 (3/21) Criminal Liability of Vehicle Drivers for

Excessive Speed or Carelessness

The Council of the International Islamic Fiqh Academy of the Organization of Islamic Cooperation, holding its 21st session in Riyadh, Kingdom of Saudi Arabia, on 15–19 Muḥarram 1435h (19–22 November 2013),

Having examined the research papers submitted to the Academy concerning the Criminal Liability of Vehicle Drivers for Excessive Speed or Carelessness,

Having listened to the in-depth discussions on the subject,

Having recalled the importance of paying the necessary attention to this subject, given the significant increase in vehicle accidents and their harmful ef- fects on individuals and societies,

Resolves

First: Reaffirming the Academy resolution no. 71 (2/8) issued in Academy’s 8th Session held in Bandar Seri Begawan, Brunei Darussalam, on 1–7 Muḥarram 1414h (21–27 June 1993) on “Traffic Accidents.”

Second: Traffic rules are enacted to preserve public interest and therefore must be observed.

Third: It is prohibited for vehicle drivers to drive in a way that could lead to harm for himself or others and should guarantee any harm he causes to others. Dangerous acts of vehicle drivers include, for instance:

1. Crossing of signal court during red
2. Excessive
3. Using the vehicle as a means of showoff (tafhīṭ/drifting) and unlawful car chases.
4. Neglecting vehicle maintenance or driving carelessly, to the extent that could lead to harm.

When a vehicle driver behaves in a manner that causes bodily or any other less serious harm to others, the vehicle driver is chargeable with ensuing liabil- ity while his felon may be considered purposeful, semi-purposeful or by fault

subject to the specific case in question. The competent authority has the right to decide the ta’zīr (discretionary punishment) to which he is liable.

Recommendation

Relevant authorities and bodies in SC{OIC} Member states shall disseminate awareness about the importance of abiding by traffic rules and the evil conse- quences to which individuals and societies become vulnerable to the violation of such rules.

Indeed, Allāh is All-Knowing.