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

During a flight from Amman to the UAE, while we were flying over Saudi Arabia, the captain announced that it was time to break our fast, coinciding with the exact time of sunset. After I had broken my fast with my first date, the captain apologized for the earlier announcement and clarified that the correct time would be in 20 minutes. Am I required to continue fasting on that day?

Whosoever break his fast at teh very first announcement to make up the missed day of Ramadan, since Allah, The Most Exalted, Said (What means): "then complete your fast Till the night appears" [Al-Baqara/187]. And Allah Knows Best.

What is the ruling on the cessation of blood after (40) days from delivery, but later continued sporadically during two days of Ramadan?

Once postpartum bleeding (Nifas) ceases, and the woman is certain that it won`t reoccur, then she becomes ritually pure and so she is free to make Ghusl (purificatory bath), pray, and fast. If the bleeding reoccurs before fifteen days from its cessation, and before the end of (60) days after delivery, then the ruling on postpartum bleeding is effective, and her fasting and prayer are null and void, thus she must make up the fasting that she missed and not the prayer during those particular days.

What is the ruling on one who performs ablution or the ritual bath while having nail polish?

Nail polish must be removed before ablution or ritual bath so that water reaches what is beneath it, because it is a barrier that prevents water from reaching that area. This is based on the hadith narrated by Ali (may Allah be pleased with him) from the Prophet (peace be upon him): "Whoever leaves a hair's breadth of his body unwashed from major impurity, such and such will be done to him in the Fire." (Reported by al-Bukhari). And Allah the Almighty knows best.

A woman used contraceptive pills, and her menses exceeded (15) days, is it permissible for her to fast?

The maximum of menstrual blood is (15) days, but if it exceeded that due to a medication, or the like, then it is Istihadah (bleeding outside the monthly period), and in this case she should perform Ghusl (ritual bath), pray, and fast. Moreover, she is obliged to make up for the missed fasting days which exceeded her regular menses. And Allah Knows Best.

See More