نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار، عضو هیات علمی گروه مسائل فقهی و حقوقی پژوهشگاه علوم و فرهنگ اسلامی، قم
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Personal injuries and property losses resulting from traffic accidents encompass a wide range of damages. In addition to compensation by the tortfeasor or insurance providers, there are circumstances such as the absence or expiration of an insurance policy, the escape or non-identification of the person responsible for the accident, the absence of driver fault, or the occurrence of force majeure events, in which compensation for victims cannot be disregarded due to social necessities. Expanding governmental responsibility through assigning liability to the public treasury (Bayt al-Mal), or imposing responsibility on insurance companies and the Traffic Accident Compensation Fund, represents one of the contemporary approaches to the development of civil liability. Legal regulations have likewise sought to support victims, to the extent that even a negligent victim remains entitled to compensation unless the damage was intentionally self-inflicted. Although a maximalist approach to victim compensation has not been explicitly articulated in Islamic jurisprudence or in regulations derived directly from it, and although fault has sometimes been regarded as a ground for exempting liability, other legal provisions, in response to social needs, have endorsed compensation for victims even where negligence is present. This study argues that the scope of compensation may be expanded through extending the jurisprudential principle concerning the sanctity of a Muslim’s blood to include the sanctity of property, avoiding restriction to the specific cases mentioned in narrations, limiting the rule of voluntary assumption of risk (Qa'idat al-Iqdam) to intentional conduct, and drawing upon principles governing financial obligations and governmental authority. Such an approach would facilitate broader and more comprehensive compensation for victims’ losses.
کلیدواژهها [English]
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