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Konsep liabiliti dan pemberian pampasan gantirugi dalam kemalangan jalan raya menurut perundangan Islam


Mohd Khair, Siti Khadijah (2019) Konsep liabiliti dan pemberian pampasan gantirugi dalam kemalangan jalan raya menurut perundangan Islam. UUM Journal of Legal Studies, 10 (2). ISSN 2229-984X

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Abstract

The aspects of liability and compensation are key point in discussing the issue of negligence in road traffic accidents. This article aims to analyze the concept of liability in road accidents in accordance with Islamic law by focusing on negligence using a qualitative approach. Dhaman or a compensation of damages is a very broad title but this study will emphasize the specific principles and approaches to the aspect of collision on road traffic within the Islamic law. The form of the study uses a library study to analyze the concept of liability in cases of collisions based on Al-Quran, sunnah, ijma’ and qiyas with relating to the application of this concept for the negligence fault resulting in collisions on road accidents. The research outcome shows that the 'causal' principle in Islamic law is very clear of its application and its relevance in determining the liability of either a case of collision which is occurring on the road, ocean or in air. The concept of liability also applies to determine the liability of negligence and awarded compensation by the parties involved in constructing road structures, bridges, tunnels and others which associated with the road if the liability is not upon the innocent and negligent drivers.

Item Type: Article
Uncontrolled Keywords: liability, damages, negligence, collision, Islamic law
Subjects: K Law > KZ Law of Nations
Divisions: UUM Press
Depositing User: Mrs. Norazmilah Yaakub
Date Deposited: 25 Jul 2019 02:53
Last Modified: 25 Jul 2019 02:53
URI: http://repo.uum.edu.my/id/eprint/26251

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