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Kuantum pampasan kecederaan diri kes kemalangan jalan raya : analisa kajian kes menurut undang-undang sivil dan perundangan Islam


Mohd Khair, Siti Khadijah and Md Dahlan, Nuarrual Hilal (2019) Kuantum pampasan kecederaan diri kes kemalangan jalan raya : analisa kajian kes menurut undang-undang sivil dan perundangan Islam. Jurnal Intelek, 14 (2). pp. 1-17. ISSN 1675-9885

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Abstract

The main objective of insurance practice is to establish mutual cooperation between policyholders and insurance companies in providing a form of protection and material security against an unexpected risk especially for compensation claims involving road accidents. However, parties should not make an opportunity to expect a number of unexpected compensations. The objective of this study is to discuss the principles of quantum of compensation award for personal injury damages of road traffic accidents in accordance with Islamic law and the principles of civil law. The form of the study uses a comparative method of a case study chosen to analyze different issues and similarities regarding the quantum of personal injury compensation according to Islamic law and current Takaful practice which is also based on the civil law system using qualitative approach. The findings show that practically, the Court has the tendency to award an insufficient amount of damages based on decided cases especially relating to the quantum of damages for personal injury on road traffic accidents compared to the quantum of damages in Islamic law accordance with Al-Quran, sunnah, qiyas and masalih mursalah which is more transparent and fair especially to victims of accidents. Therefore, a harmonization in awarding compensation of damages according to Islamic law can be implemented in order to be more comprehensive and to provide justice and protection to the victim as well as not burdening the insurance and country.

Item Type: Article
Uncontrolled Keywords: award of an insufficient amount of damages, quantum of damages for personal injury, Islamic law, current Takaful practices, civil law
Subjects: K Law > KZ Law of Nations
Divisions: School of Law
Depositing User: Mrs. Norazmilah Yaakub
Date Deposited: 04 Dec 2019 02:05
Last Modified: 04 Dec 2019 02:05
URI: http://repo.uum.edu.my/id/eprint/26637

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