FatwaPerlisCrime & Sharia Law
Fatwa Berkaitan Kemudaratan Di Jalan Raya Disebabkan Kecuaian
Who is liable and what is the ruling if a road accident occurs due to negligence?
Short answer
Road users must obey traffic rules, and any use of the road that causes harm is forbidden.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Perlis State Mufti Department
- Status
- Fatwa committee decision
- Series
- Himpunan Fatwa Negeri Perlis
- Topic
- Crime & Sharia Law
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
Road users must obey traffic rules, and any use of the road that causes harm is forbidden. A negligent driver is responsible for loss of life or property, and where a life is lost may be subject to diyat and kafarah. Diyat goes to the victim's heirs unless they grant forgiveness, while kafarah is freeing a believing slave or, failing that, fasting two consecutive months. A driver who is not negligent is not at fault, a third party at fault bears responsibility, and owners of domestic animals bear losses caused by their failure to control them.
Written in our own words from the original fatwa — check the source before acting on it.
Pengguna jalan raya wajib mematuhi segala peraturan di jalan raya bagi mengelakkan kemalangan.
Read the full fatwa on the Perlis website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Perlis State Mufti Department. “Fatwa Berkaitan Kemudaratan Di Jalan Raya Disebabkan Kecuaian”, date not stated. https://muftiperlis.gov.my/index.php/himpunan-fatwa-negeri/689-fatwa-berkaitan-kemudaratan-di-jalan-raya-disebabkan-kecuaian. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/ruling-road-accident-caused-by-negligence/