or his hand inflicts injury upon a sound limb, then that physician has committed an unintended but compensable offense. If the compensation due is less than one-third of the full blood-money, it is paid from the physician’s own wealth; if it exceeds that amount, it is borne by his ʿāqilah (male agnates).
3 – If the physician is competent, has given the craft its full due, and neither his hand nor his judgment in the type, dosage, and manner of medication is at fault, then—having done everything within his capability, and with the authorization of the legally responsible patient, or of a guardian for one who is not responsible—some harm nevertheless occurs, no liability is incurred. Such harm is regarded as an authorized consequential injury, comparable to the collateral effects that may follow a hadd (prescribed penalty) or qisās (retaliatory punishment). Allah knows best.
Resolution of the Islamic Fiqh Academy on Traffic Accidents: Resolution No. 71
In the name of Allah, Lord of all worlds. May blessings and peace be upon our master Muhammad, the Seal of the Prophets, and upon his family and Companions.
The Council of the Islamic Fiqh Academy, convened at its eighth session in Bandar Seri Begawan, Brunei Darussalam, from 1 to 7 Muḥarram 1414 AH (21–27 June 1993 CE),
after reviewing the papers submitted to the Academy on the subject of “traffic accidents,”
and after listening to the discussions that took place on the matter, and in view of the alarming rise in such accidents and the growing danger they pose to human life and property, and recognizing the public interest in enacting regulations governing vehicle licensing so as to ensure safety—such as the soundness of mechanical parts, procedures for transfer of ownership, driver’s licences, the strict precautions required in issuing licences with respect to age, capability, eyesight, knowledge and observance of traffic rules, the setting of reasonable speed limits, and load capacity—