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Resolutions of Iftaa' Board

Resolution No. (260): "Liability in Run-Over Accidents"

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

What is the Islamic ruling on breaking the bones of the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah not to break the bones of the 'aqīqah. Rather, each bone should be separated at its joint — as a good omen and expression of hope for the soundness and wholeness of the newborn's limbs. However, if one does break the bones, it is not considered disliked (makrūh) — it is simply regarded as contrary to what is preferable (khilāf al-awlā). And Allah Almighty knows best.

Is it permissible to offer an Udhiyah on behalf of the deceased?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial animal) on behalf of a deceased person is permissible. This is the official position of the Hanbali school (as stated in Kashshaf al-Qina’ by al-Bahuti,Vol.6/P.428) and was also upheld by the prominent Shafi'i scholar Al-’Abbadi (mentioned in Bidayat al-Muhtaj by Ibn Qadi Shuhbah,Vol. 4/P.358). It has likewise been narrated as a valid view among some Maliki and Hanafi scholars.
 
In fact, Imam Abu Dawud dedicated an entire chapter in his Sunan collection entitled, "Chapter on Sacrificing on Behalf of the Deceased." In it, he recorded a narration from Hanash, who said: "I saw 'Ali sacrificing two rams, so I asked him, 'What is this?' He replied, 'The Messenger of Allah (peace and blessings be upon him) commanded me to offer a sacrifice on his behalf, so I am sacrificing on his behalf.'"
 
Imam Abu Dawud also narrated from Jabir (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said: "O Allah, this is from You, for You, and on behalf of Muhammad and his Ummah (community). In the Name of Allah, and Allah is the Greatest," and he then slaughtered the animal.
 
The textual evidence here lies in the fact that our Master, the Prophet (peace and blessings be upon him), offered a sacrifice on behalf of his entire community—and it is well-established that his community includes those who have already passed away.
 
Furthermore, there is an abundance of sacred texts demonstrating that the rewards of righteous deeds reach the deceased. For instance, it is permissible to fast on behalf of a deceased person who passed away with missed obligatory fasts, and it is equally permissible to perform Hajj on their behalf, both of which are firmly established in authentic Hadiths. Therefore, if the reward of fasting (which is a purely physical act of worship) and Hajj (which is a joint physical and financial act of worship) can reach the deceased, then the reward of an Udhiyah reaches them with greater reason (by way of A Fortiori argument). This is because it is a purely financial act of worship, falling under the general category of charity (Sadaqah).
 
Additionally, scholars have reached a consensus (Ijma') that the rewards of charity reach the deceased, and since the Udhiyah is inherently an act of charity, it falls under the same ruling. Consequently, based on all the aforementioned evidence, we hold the view that offering a sacrifice on behalf of the deceased is entirely permissible. And Allah the Almighty Knows Best.

What is the wisdom behind legislating the Udhiyah?

The Muslim must know that through the Uḍḥiyah, he complies with the command of Allah, the Exalted, and performs a worship that brings him closer to Allah and distances him from the Fire.
 
The Uḍḥiyah holds profound wisdoms and noble meanings, including:
 
1-Reviving the Sunnah of Abraham, peace be upon him: He complied with Allah's command when He ordered him to slaughter his son Ishmael. Abraham, peace be upon him, succeeded in the test, and when he was about to slaughter his son, Allah sent down a ram to ransom Ishmael and commanded him to slaughter it instead. Allah, the Exalted, says {what means]: "And when he reached with him [the age of] exertion, he said, 'O my son, indeed I have seen in a dream that I [must] sacrifice you, so see what you think.' He said, 'O my father, do as you are commanded. You will find me, if Allah wills, of the steadfast.' And when they had both submitted and he put him down upon his forehead, We called to him, 'O Abraham, You have fulfilled the vision.' Indeed, We thus reward the doers of good. Indeed, this was the clear trial. And We ransomed him with a great sacrifice." [Al-Ṣāffāt/102-107]. Thus, the sacrificial offering became an enduring Sunnah until the Day of Judgment, and Muslims offer their wealth as sacrifices, drawing closer to Allah, the Exalted, reviving this great Sunnah.
 
2-Providing abundance for people on Eid day and the Days of Tashrīq: Among the wisdoms of the Uḍḥiyah is that the Muslim provides generously for his family, neighbors, relatives, and the poor during these days. The Muslim is encouraged to eat from his sacrifice, give charity from it to the poor, and gift from it to his wealthy neighbors. Thus, goodness spreads throughout the entire community. The Prophet, peace and blessings be upon him, said: "The Days of Tashrīq are days of eating and drinking." (Narrated by Muslim). Allah, the Exalted, says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Ḥajj/36]. This good includes the good of both this world and the Hereafter.

What should a person who doubted having missed a pillar of prayer do?

All praise be to Allah, The Lord of The Worlds.                                                                                                                                                                              The prayer of one who doubts having missed one of its pillars is valid, and nothing is due on him/her since having a doubt after offering the act of worship doesn`t undermine its validity. And Allah Knows Best.

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