عربي
Home


Resolutions of Iftaa' Board


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   

Decision Number [ Previous | Next ]


Summarized Fatawaa

What is the ruling on attending relatives` parties held in public halls, or hotels since if we don`t, we will be subjected to their admonition?

If such parties involve mixing between men and women, or forbidden acts such as listening to songs with sinful lyrics, then attending them is forbidden from the view point of Sharia since people`s admonition is nothing compared to Allah`s, The Almighty`s, wrath.

Is the prayer of a woman who is led by an Imam via T.V. permissible?

All perfect praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.                                                                                                                                                                                                                          Amongst the conditions for the validity of prayer is that both the Imam and those led by him must be in the same place. Thus, the prayer of the person who is being led by a televised Imam is invalid unless he/she was with him in the same mosque. And Allah Knows Best.

What is the ruling on praying in congregation at the mosque?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Congregational prayer (Salat al-Jama‘ah) is a communal obligation (Fard Kifayah) for resident men regarding the performance of the prescribed (obligatory) prayers. For men, praying in congregation at the mosque is better than praying elsewhere, such as at home. On the authority of Abdullah bin Umar, the Messenger of Allah ﷺ said: 'Prayer in congregation is twenty-seven degrees more excellent than the prayer of a person alone' (Reported by Bukhari & Muslim). Furthermore, on the authority of Abu Hurayrah, the Messenger of Allah ﷺ said: 'Shall I not tell you that by which Allah erases sins and raises ranks?' They said, 'Of course, O Messenger of Allah.' He said: 'Performing wudu thoroughly despite difficulties, taking many steps toward the mosques, and waiting for the next prayer after the prayer; that is your Ribat (steadfastness)' (Narrated by Muslim).
 
As for a woman, her praying in congregation at home is better for her than in the mosque, according to the saying of our Master the Prophet ﷺ: 'Do not prevent your women from attending the mosques, but their homes are better for them' (Narrated by Abu Dawood). Young boys should be encouraged to attend the mosques and congregational prayers so they may become accustomed to them. And Allah the Exalted knows best.

What is the ruling on the ablution of one who washes his arms from the wrist to the elbows?

In the school of Imam al-Shafi'i (may Allah have mercy on him), washing the arms (hands) is achieved by washing the arms completely, from the fingertips to the elbows. Washing only the palms at the beginning is insufficient, as washing them at the beginning is a Sunnah, but after washing the face, it becomes obligatory (fard). The person performing ablution must wash his palms along with the arms after washing the face. If he does not wash his palms, his ablution is invalid and not correct. And Allah the Almighty knows best.

See More