İslâm Hukukuna Göre Ölümlü Trafik Kazalarina İlişkin Hükümler
Provisions Regarding Fatal Traffic Accidents According To Islamic Law
Author(s): Hasan YakutSubject(s): Social differentiation, Social Norms / Social Control, Sharia Law
Published by: Sage Yayınları
Keywords: Islamic Law; Traffic Accidents; Provisions;
Summary/Abstract: Islam guarantees the protection of the physical, mental and spiritual health of a person, and the security of his material and spiritual goods, and considers their preservation as a necessity. Islam has taken some encouraging or deterrent measures and sanctions to prevent and eliminate the violations that can or have been made to the material and spiritual existence of man, and to improve individual and social life. In terms of Fiqh literature, it is accepted as a principle to compensate and compensate the direct or indirect damages caused by a wrongful act, regardless of whether they are material or moral. In this context, as a fiqh rule; The rules of "harm bi qadar'l-opportunity will be removed" and "damage will be compensated to the extent possible" have been put in place. In traffic accidents, voluntary or involuntary faults, intentional or unintentional deaths and injuries, material and moral damages, traumas, broken families, social and economic losses, and financial losses also negatively affect the rest of life. Compensation of deaths, disability, injuries, material and moral damages resulting from traffic accidents, punishments to the perpetrator of the incident in proportion to the rate of accident, rights and law pertaining to the heirs of the casualty, diet and penance belonging to religion, what is the condition and amount in terms of Islamic law. It will be instrumental in taking preventive measures against accidents, protecting the rights of victims, preventing grievances, eliminating grievances and paying more attention to the rules in practice.
Journal: TURAN-SAM
- Issue Year: 14/2022
- Issue No: 53
- Page Range: 171-187
- Page Count: 17
- Language: Turkish