Fatwa's Insights - Muamalah

THE 57TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2022

7 APRIL 2022 / 5 RAMADHAN 1443H

FATWA CONCERNING HARMS ON PUBLIC ROADS DUE TO NEGLIGENCE

1. Road users are obligated to comply with all traffic regulations in order to prevent accidents.

2. All forms of road usage that lead to harm are prohibited.

3. Should an accident occur on the road, it is subject to several circumstances as follows:

a) If the accident is not caused by the negligence of the driver, then the driver is not at fault and shall not be subject to any punishment. This includes: 

i) Accidents originating from factors beyond control that are beyond human intervention. 

ii) The primary cause of the accident is caused by the victim. (Example: a pedestrian who suddenly crosses the road, while the driver is following the regulations) 

iii) If the accident is caused by the fault of another person or the fault of a third party, then such third party shall bear the responsibility.

b) If the accident is caused by the negligence of the driver, then the driver is responsible for all harm that occurs, whether loss of life or property damage. If it involves loss of life, the driver may be subject to the following punishments: 

i) Diyat, namely compensation as recompense for the life lost, to be delivered to the heirs of the deceased (the accident victim), unless the victim's heirs grant forgiveness. 

ii) Kafarah, namely freeing a believing slave. If that is not possible, then fasting for two consecutive months is required.

c) If an accident involves two or more parties and all of them are contributing factors to the occurrence of the accident collectively, then the parties involved are responsible for the damages that occur.

d) If a road accident is caused by a domesticated animal, its owner shall bear all losses resulting from negligence in controlling it.

Approval of the Members of the Perlis State Fatwa Committee:

1. S.S Prof Madya Dato' Arif Perkasa Dr Mohd Asri Bin Zainul Abidin – Mufti of the State of Perlis

2. Sahibul Fadhilah Ustaz Tajul Urus bin Abdul Halim – Deputy Mufti of Perlis

3. Sahibul Fadhilah Profesor Dr. Basri bin Ibrahim

4. Sahibul Fadhilah Prof Madya Dr. Muhamad Rozaimi bin Ramle

5. Sahibul Fadhilah Dr. Hj Zaharuddin Bin Hj Abdul Rahman

6. Sahibul Fadhilah Prof. Madya Dr. Azman Bin Mohd Noor

7. Sahibul Fadhilah Prof Madya Dr. Mohd Akram Bin Dato' Dahaman @ Dahlan

8. Sahibul Fadhilah Dr. Ahmad Sufian Bin Che Abdullah

9. Sahibul Fadhilah Prof Madya Dr Ahmad Wifaq Bin Mokhtar

10. Sahibul Fadhilah Ustaz Syed Abu Bakar Bin Syed Kamal Bharin

11. Sahibul Fadhilah Dr. Muhammad Lukman Bin Mat Sin

12. Ustaz Muhammad Khidhir Bin Abdul Ghani – Secretary

Endorsed at the Meeting of the Perlis Islamic Religious Council and Malay Customs (Majlis Agama Islam dan Adat Istiadat Melayu Perlis) Bil. 3/2022 on 2 June 2022.