The status of insurance as an alternative to aqilah for diyat payments pertaining to road accidents

Muhammad Husni, Ahmad and Omar, Anwar Fakhri and Alias, Muhammad Nazir and Samuri, Mohd Al-Adib (2013) The status of insurance as an alternative to aqilah for diyat payments pertaining to road accidents. International Business Management, 7 (1). pp. 8-13. ISSN 1993-5250

PDF - Published Version Restricted to Registered users only Download (454kB) | Request a copy

Abstract

In some Islamic countries, traffic accidents are categorised as unintentional harm or fatality cases. The laws of these countries allow for the aggrieved party to demand diyat (compensation for the loss suffered) from the offender that may be paid by their aqilah (in its original context, means community or tribe), or male family members. The question that then arises is to what extent can the aqilah be replaced by insurance agencies as the payer of diyat to the victim(s) or their respected families? The objective of this article is to determine this extent, specifically with regards to traffic accidents. This is an issue of great significance because insurance agencies are better equipped and more effective at providing coverage and protection to their policyholders, and as such have the potential to replace the aqilah system in situations where the financial means for such a payment is not present. Studies have shown that insurance agencies do indeed possess the potential to replace the aqilah system in the capacity of diyat compensation to victim(s) or their families, especially in the case of road accidents. It should be pointed out that insurance agencies possess inherent similarities to the aqilah system, particularly in relation to its basic concept, role and execution in achieving the same goals.

Item Type:	Article (Journal)
Additional Information:	8721/69978
Uncontrolled Keywords:	Insurance, aqilah, diyat, road accidents
Subjects:	H Social Sciences > HB Economic Theory > HB126.4 Islamic Economics H Social Sciences > HG Finance > HG8719 Islamic Insurance Takaful K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning.
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh Kulliyyah of Islamic Revealed Knowledge and Human Sciences
Depositing User:	Dr Ahmad bin Muhammad Husni al-Jufri
Date Deposited:	09 Apr 2019 12:22
Last Modified:	09 Apr 2019 12:22
URI:	http://irep.iium.edu.my/id/eprint/69978

Actions (login required)

View Item