Malaysian Journal of Syariah and Law (Jul 2009)

KECUAIAN DAN PENENTUAN LIABILITI DALAM KES KEMALANGAN JALAN RAYA MENURUT UNDANG- UNDANG ISLAM

  • Siti Zubaidah Ismail

DOI
https://doi.org/10.33102/mjsl.vol1no1.835
Journal volume & issue
Vol. 1, no. 1

Abstract

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This article elaborates the position of negligence as a factor in causing road accidents. The focus is on Islamic law and how the liability of parties is determined. The determination of liability depends on how the accident occurs. Whether it is within or beyond a driver's control, islamic law has the explanation for both. In the case of road accidents, negligence can be established if the duty of care is breached. Vehicle speed is something within the control of a driver. Failure to obey the speed limit amounts to a breach of duty on the road and is considered as negligence.

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