Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 18-07-2018

Resolution No. (260) (13/2018) by the Board of Iftaa`, Research and Islamic Studies:

"Liability in Run-Over Accidents"

Date: (8/Ramadan/1439 AH), corresponding to (24/5/2018).

 

 

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

During its eighth session held on the above date, the Board reviewed the question sent by one of the citizens and it read as follows:

 

Should the driver, who is observing lane discipline and moving within the assigned speed limit, be held liable for running over a child who popped up from between cars or from the sidewalk?

 

After deliberating, the Board decided the following:

 

Islamic jurisprudence has addressed the issue of liability in traffic accidents with a spectrum of generally agreed upon rules. One of these is that when initiation and cause of damage are combined, the person causing the accident shouldn`t be held liable unless there is misconduct/transgression on his/her part. "The initiator should bear liability in case he/she has or hasn`t transgressed." {Al-Enayah Shareh Al-Hidayah, vol.10/pp.325}. Moreover, "The initiator is liable even if he/she hasn`t transgressed while the person causing the accident isn`t unless he/she has transgressed." {Maj`ma` Ad-Damanat, 146}.

 

In principle, rulings on traffic accidents depend on the traffic sketch issued by the appropriate departments based on what has actually happened, and so this report determinesliability or non-liability and its percentage.

 

As for accidents in which the driver is free from liability: abided by traffic regulations, speed limit and paid attention to the road, the situation of the person who has been run over is checked in terms of being negligent or not. Based on this, there are two case scenarios:

 

Either the driver or the victim initiated the collision. If the initiation was accompanied by some kind of negligence on the part of the driver then the latter should be held liable.

 

However, if the driver hasn`t committed any act of negligence or violation that could make him bear part of the liability, there was no chance that he could avoid the accident, and the victim (Person run over) was fully negligent, then the formeris neither held liable nor pays an expiation, as determined by the Sharia maxim: "Permissibility eliminates liability." Resolution (71/1993) by the International Islamic Fiqh Academy stated: "Car accidents undergo the rulings of criminology stipulated in Sharia……freedom from liability is granted only in the following situations: (One of them): The accident was due to the victim`s negligence and transgression, so it is his/her liability."

In conclusion, liability in run-over accidents should be borne by the negligent party. And Allah Knows Best.

 

 

 

The Iftaa` Board (2017)

Chairperson: Dr Mohammad al-Khalayleh, Grand Mufti of Jordan

Sheikh AbdulkareemKhasawneh/ Member

Prof. Abdullah Al-Fawaz

 Dr. Ahmad Al-Hasanat/ Member

Dr. Moh. Khair Al-Esa/ Member

Dr. Majid Drawsheh/ Member

Sheikh Sa`eidHijawi/ Member           

 Judge Khalid Woraikat/ Member

Dr. Mohammad Al-Zou`bi/ Member   

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Summarized Fatawaa

Are dream interpretation books accurate?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Dream interpretation books are unreliable because they are merely expectations, not rulings of Sharia. However, if one sees a dream which one does not like, one should spit on one's left side and seek the refuge of Allah from the satan; it will not do one any harm, and one should not disclose it to anyone. If one sees a good vision, one should feel pleased but should not disclose it to anyone but whom one loves. And Allah The Almighty Knows Best.

Is it permissible for men to wear silver bracelets and necklaces?

Men are allowed to wear silver rings, but they aren`t allowed to wear bracelets and necklaces because they imitate women by doing so.

Is it permissible to fast on behalf of the dead who died owing missed fast to make up ?

His relative should fast on his behalf, and it is permissible for the guardians to give permission to non-relatives of the dead to fast on his behalf as well.

What is the best charity to offer on behalf of the deceased? Is it giving food, reciting Quran, giving money or supplicating? What is the best charity to offer on behalf of dead father and dead husband? What is the best continuous charity to offer on behalf of the deceased?

Praise be to Allah the Lord of the Worlds. The deceased benefits from every righteous deed offered on his/her behalf, be that continuous charity, reciting Quran or a pious son praying for him/her. However, the best righteous deed is performing Haj and Omrah on their behalf especially if he/she hadn`t performed that ritual for it remains a debt on them. The evidence on this is that Ibn 'Abbas (Allah be pleased with them) reported: A man came to the Messenger of Allah (PBUH) and said: "Messenger of Allah, my mother has died (in a state) that she had to observe fasts of a month (of Ramadan). Should I complete (them) on her behalf? Thereupon he (the Holy Prophet) said: Would you not pay the debt if your mother had died (without paying it)? He said: Yes. He (the Holy Prophet) said: The debt of Allah deserves more that it should be paid."{Related by Muslim}. And Allah the Almighty knows best.