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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 Sharia basis of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
The Sharia basis of the Udhiyah (sacrificial offering) is firmly established through the Quran, the Sunnah, and the Consensus (Ijma') of the Muslims:
1. Evidence from the Holy Quran
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-Hajj/36]. He also says {what means}: "So pray to your Lord and sacrifice [to Him alone]" [Al-Kawthar/2]. According to the most well-known scholarly interpretations of this verse, "prayer" refers to the Eid prayer, and "sacrifice" refers to the slaughtering of the Udhiyah.
2. Evidence from the Sunnah
Al-Bara' bin 'Azib (may Allah be pleased with him) narrated that the Prophet ﷺ said: "The first thing we start with on this day of ours is to pray, then we return and sacrifice. Whoever does that has followed our Sunnah, and whoever slaughters before [the prayer], it is merely meat he has provided for his family; it is not part of the ritual sacrifice in any way" [Reported by Bukhari & Muslim].
Anas (may Allah be pleased with him) narrated: "The Prophet ﷺ sacrificed two white rams with horns. He slaughtered them with his own hand, mentioned the name of Allah (Tasmiyah), and said the Takbir" [Reported by Bukhari & Muslim].
3. Evidence from Scholarly Consensus (Ijma')
The Muslims have reached a unanimous consensus on the Sharia basis of the Udhiyah, and no one among the scholars has disagreed with this. [Al-Sherbini, Mughni al-Muhtaj, Vol.6/P.122].And Allah the Exalted knows best.

Which takes precedence: the 'aqīqah or the uḍḥiyyah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is an act of worship through which a servant draws closer to Allah the Almighty in gratitude for the blessing of a newborn child. It is a confirmed Sunnah for those who are financially capable, and Allah does not burden any soul beyond what it can bear.
However, the uḍḥiyyah takes precedence, as it is a confirmed Sunnah established from the Prophet ﷺ through stronger and more numerous narrations — indeed, the Ḥanafī scholars hold it to be obligatory. Furthermore, its time is narrow and limited, expiring with the passing of the days of Eid, whereas the 'aqīqah may be delayed until one becomes financially capable of performing it.
And Allah Almighty knows best.

When does the time of Isha' prayer end?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                        It ends at the emergence of true Fajr (Fajr Al-Sadiq ), and when the second Athaan of Fajr starts.And Allah Knows Best.

What are the pillars of fasting?

The pillars of fasting are intention and abstaining from all nullifiers of fasting from dawn to sunset.

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