—it therefore resolved the following:
1 – a) Adhering to those regulations that do not conflict with the rulings of Islamic law is a religious obligation, for it constitutes obedience to the lawful ruler in the procedures he enacts on the basis of maṣāliḥ mursala (unrestricted public interests). Those regulations should also incorporate the Sharʿī provisions that have not yet been applied in this domain.
b) The public interest likewise calls for the enactment of deterrent measures of every kind—including financial penalties—against anyone who violates these traffic regulations, in order to restrain owners of vehicles and other means of transport who endanger people’s safety on roads and in marketplaces, this being in accordance with the established rules of ḥisbah (public oversight).
2 – Traffic accidents resulting from the operation of vehicles are subject to the criminal provisions laid down by Islamic law. Although such accidents are usually classified as unintentional, the driver is liable for any harm he causes to others—whether bodily or material—whenever fault and damage are both confirmed. He is exempt from this liability only in the following cases:
a) When the accident is the result of an irresistible force that he could neither repel nor reasonably guard against—namely, any sudden event beyond human control.
b) When the accident is caused primarily by the injured party’s own act.
c) When it is due to the fault or transgression of another person, in which case that person bears the liability.
3 – In road accidents caused by animals, their owners are liable for the damages that result from the animals’ actions if they were negligent in restraining them; adjudication of such cases rests with the courts.
4 – If both the driver and the injured party have jointly contributed to the occurrence of the harm, then each of them—