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

The aspects of liability and compensation have been key points when discussing the issue of negligence in road traffic accidents. This article aims to analyze the concept of liability in road accidents, in accordance to Islamic law, that focuses on negligence by using a qualitative approach. The application of ‘dhaman’ or the compensation of damages, is a broad concept that will be examined in this study. Furthermore, this study will review the specific principles and approaches on collisions of road traffic within the Islamic law. The methodology carried out employs the use of library study to analyze the concept of liability in cases of collisions, based on the Al-Quran, sunnah, ijma’ and qiyas with regards to the application of ‘dhaman’ on the negligence that have resulted in collisions from road accidents. The research outcome suggests that the ‘causal’ principle in Islamic law is very clear on its application and relevance in determining the liability of either a case of collision that has occurred on the road, ocean or in air. The concept of liability is also applied to determine the liability of negligence and awarded compensation by the parties that are involved in constructing the roads, bridges, tunnels and other structures that are associated with the road, if the liability does not fall upon the innocent and negligent drivers