Back to search

What is the evidence for distributing the percentage of liability between pedestrians and vehicles in traffic accidents, given the contradiction between this and the two rules: "The direct perpetrator is liable" and "The convergence of causation and direct action"?

1 min readAlso available in العربية

The Council of the International Islamic Fiqh Academy resolves that incidents resulting from the operation of vehicles are subject to the rulings of Islamic criminal law. The driver is responsible for any damage caused to others, except in specific cases: if the accident was the result of an irresistible force (force majeure), or due to an influencing action by the injured party, or the fault of another. In the event that the driver and the injured party both contribute to causing the damage, each bears responsibility for what was damaged by the other. The principle is that the direct actor is liable, and the indirect cause is not liable unless he was an aggressor. If both a direct actor and an indirect cause are involved, responsibility falls upon the direct actor, unless the indirect cause was an aggressor and the direct actor was not. If two different causes combine, both influencing the damage, each cause bears responsibility proportionate to its influence.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy