Maintaining manners on the Road, this is a Sign of Piety.
“And walk not on the earth with conceit and arrogance. Verily, you can neither rend nor penetrate the earth, nor can you attain a stature like the mountains in height.” [Israa 17: 37]
Shaykh ‘Abdullah bin ‘Abdur-Rahmaan al-Jibreen [May Allaah have Mercy on him] was asked:
Ruling on Driving on the Opposite Side of the Road
Chairman: ‘Abdul-‘Azeez bin ‘Abdullah bin Baaz
Vice Chairman: ‘Abdur-Razaaq ‘Afeefee
Member: ‘Abdullah bin Ghudayaan
[Fatwaa Number 17362]
b) Part of maintain safety on the roads the authorities must instill punishments for those who break the set laws. This may include fines and the likes.
-If the accident occurred due to someone else hitting him with force and he was unable to prevent it
-If there was harm which he was unable to prevent and the accident was a result of it.
-If the accident occurred without him transgressing traffic laws, then the accident was not done on purpose and may be absolved of responsibility or part reasonability.
“And walk not on the earth with conceit and arrogance. Verily, you can neither rend nor penetrate the earth, nor can you attain a stature like the mountains in height.” [Israa 17: 37]
“And the slaves
of the Most Beneficent (Allah) are those who walk on the earth in humility and
sedateness, and when the foolish address them (with bad words) they reply back
with mild words of gentleness.” [Furqaan 25:63]
“And be
moderate in the way you walking, and lower your voice. Verily, the most
unpleasing of voices of all voices is the voice (braying) of donkeys.” [Luqman 31:19]
Al-Allaamah Taahir Ibn ‘Aashoor [May Allaah have
Mercy on him] said:
After Luqmaan advices his son on the manners
that he should have, he advises his son to beware of having manners that are
blameworthy, blameworthy manners in speech and action. So when we walk, we are
commanded here to walk with manners, thus when walking we don’t walk with a
swagger or with pride, nor do we walk as if we are lost, creeping instead of
walking. Therefore, we are commanded here to walk with humility and a purpose.
[Adapted from Tahreer wa Tanweer 22/168-169]
It is obligatory for drivers to follow the highway or
traffic codes
It says in Ashbaah wa al-Nathaa’ir (Pg. 233) by Imaam
as-Suyootee [May Allaah have Mercy on him]:
“There is a principle in Sharee’ah, which is; ‘The
ruler may legislate new laws in order for the betterment for the people.’” End
Quote.
Shaykh ‘Abdul-‘Azeez bin Baaz [May Allaah have Mercy
on him] said,
“It is not permissible for the Muslim to break the laws
set by the government in relation to highway codes, because by doing so, one
places himself and others in great danger. The country, may Allaah help it,
have derived these laws in order for the betterment and the safety of its
people, to remove harm from the Muslims, so it is not permissible for any
person to contradict or break these laws. Moreover, it is from those in
authority to place punishments for those who break these laws.”
[Fataawaa Islaamiyyah 4/536]
Shaykh ‘Abdullah bin ‘Abdur-Rahmaan al-Jibreen [May
Allaah have Mercy on him] said,
“It is not permissible for drivers to break the
highway code or from them to cover their license plates with things that may
obscure it, in order to avoid accidents and harm from the people. Likewise, it
is not permissible for them to go through red lights or vandalise road signs…If
one knows the purpose behind such laws and the intent behind them, then it is
not permissible for him to break these laws because by doing so he is
disobeying the ruler, laws that he has set up in order to maintain safety and
remove harm and dangers for the people. Whoever breaks these laws is should be
faced with punishments and repercussions from the government by the way of
fines or sentences.”
[Mujallah ad-Da’wah (1625)]
Ruling on Drifting
Shaykh ‘Abdullah bin ‘Abdur-Rahmaan al-Jibreen [May Allaah have Mercy on him] was asked:
We see, May Allaah
Preserve you, that drifting has become widespread. My question is, what is the
ruling on drifting and what is ruling on one who dies as a result of drifting,
either spectating or whilst drifting?
He answered: There is no
doubt that drifting is a dangerous thing and people doing it have killed many
and have harmed many others. So it is
not permissible because of these consequences to drift and whoever dies because
of drifting or he was the one who was drifting then he has the same ruling as
one who commits suicide or one who causes harm to others. Those who support him
or praise his drifting are also sinners because of this. And Allaah Knows Best.
[Fatwaa Number 6054]
Ruling on Driving on the Opposite Side of the Road
What is the ruling on
driving on the opposite side of the road, whether it is a main road or a side
street? And what is the ruling on going through red lights? Benefit us, may
Allaah Reward you with good.
Answer: It is not
permissible to break the Highway Code because these laws have been introduced
in order to benefit the Muslims and by breaking these laws you are disobeying
the ruler. And Allaah has ordered us to obey him in goodness as He, the Most
High, says:
“O you who believe! Obey Allaah and obey the Messenger, and those of
you (Muslims) who are in authority” [an-Nisaa
4: 59]
And Allaah is the Source
of all Strength. May the Peace and Blessings of Allaah be Upon our Messenger
Muhammad, his family and his companions.
Permanent Committee of
Senior Scholars for Research and Fatwaa
Signed:
Chairman: ‘Abdul-‘Azeez bin ‘Abdullah bin Baaz
Vice Chairman: ‘Abdur-Razaaq ‘Afeefee
Member: ‘Abdullah bin Ghudayaan
[Fatwaa Number 17362]
Drivers are not allowed to speed limits set by the
authorities, rather he must drive with integrity and serenity
Shaykh Muhammad bin Saaleh al-‘Uthaymeen [May Allaah
have Mercy on him] said:
In origin, it is obligatory for drivers to abide by
the set speed limits that have been set in certain areas, this is because this
is part of obeying the ruler as Allaah, the Most High, has said:
“O you who
believe! Obey Allaah and obey the Messenger, and those of you (Muslims) who are
in authority” [an-Nisaa 4: 59]
[Fataawaa and Advices for those on Holiday and those
Travelling, (Pg. 80)]
To Lower ones voice, sight and to remove any harm from
the path
“And be
moderate in the way you walking, and lower your voice. Verily, the most
unpleasing of voices of all voices is the voice (braying) of donkeys.” [Luqman 31:19]
As for the meaning of voice of donkeys, then
this refers to the speech of a person, if he is loud and unmannered in the way
he talks, then this is the resemblance given to this characteristic, that of a
donkey.
[Adapted from Tahreer wa Tanweer 22/168-169]
The Prophet [Peace and Blessings of Allaah be Upon
him] said, “I have seen a man in Jannah because he removed a piece of a tree
from the path which was harming the people.” [Muslim (1914]
It has also been narrated that Aboo Barzah [May Allaah
be Pleased with him] asked the Prophet [Peace and Blessings of Allaah be Upon
him] for advice on a good deed that he can do, and he [Peace and Blessings of
Allaah be Upon him] replied by saying, “Remove things that are harmful from the
paths of the Muslims.” [Muslim (654)]
It is narrated that Hudhayfah bin Usayd [May Allaah be
Pleased with him] said that the Prophet [Peace and Blessings of Allaah be Upon
him] said, “Whoever harms the Muslims in their paths then he becomes deserved
of curses upon him.” [Haythamee in al-Majma (1/204) and it was Classed Saheeh
by al-Albaanee in Saheeh at-Targheeb (148)]
In another hadeeth on the authority of Aboo Hurayrah
[May Allaah be Pleased with him], that the Prophet [Peace and Blessings of
Allaah be Upon him] said, “Fear the two curses!” they asked, “What are the two
curses?” He replied, “Those who pay no attention to the paths/roads of the
Muslims and the shadow they benefit from.” [Muslim (269)]
Roads don’t belong to anyone person rather they are
for everyone to benefit from. Therefore, we must be considerate of others.
“The recompense
of those who wage war against Allah and His Messenger and do mischief in the
land is only that they shall be killed or crucified or their hands and their
feet be cut off on the opposite sides, or be exiled from the land. That is
their disgrace in this world, and a great torment is theirs in the Hereafter.” [Maaidah 5:33]
The Prophet [Peace and Blessings of Allaah be Upon
him] said, “Whoever picks up arms against us then he is not from us.”
[al-Bukhaaree (6366)]
Seatbelts must be worn and anything to Prevent Harm
must be preserved
Shaykh Saaleh al-Fawzaan [May Allaah Preserve him]
said,
“If the seatbelt protects one in the event of an accident
then this is something and good and it is obligatory for the Muslim to wear it.
This is because it is a cause of prevention and Allaah, the Most High, commands
us to take our precautions. Seatbelts are a beneficial prevention so it is
Waajib, from the aspect that the ruler has commanded us to wear them then this
falls under obeying the ruler and from another aspect, it is a beneficial prevention
against possible harm. Yes.”
[http://www.youtube.com/watch?v=6gnPSVsvAz8]
General Guidelines set by Majma’ al-Fiqhiyyah
In its eight annual gathering for 1414 AH, the Majma’
al-Fiqhi al-Islaamee, it concluded the following regarding traffic laws and
safety:
1)
a) It is not permissible to break the laws set by the
government as they are in line with Sharee’ah. Breaking these laws is
disobeying the ruler which constitutes punishments on the basis that those who
break the law are being dangerous to themselves and others. Therefore, it is obligatory
to abide by these laws. b) Part of maintain safety on the roads the authorities must instill punishments for those who break the set laws. This may include fines and the likes.
2)
Accidents that may occur on the road fall under the
rulings set in Sharee’ah which has rulings on felonies and physical harm caused
to others. The driver is responsible for the harm he causes, whether this is
physical or monetary harm, whether the accident was done on purpose or was
accidental. Harm that he causes doesn’t lift responsibility from the driver
except in one of certain situations:-If the accident occurred due to someone else hitting him with force and he was unable to prevent it
-If there was harm which he was unable to prevent and the accident was a result of it.
-If the accident occurred without him transgressing traffic laws, then the accident was not done on purpose and may be absolved of responsibility or part reasonability.
3)
If one causes harm or hits an animal whilst driving
then the driver is responsible and must replace the animal or pay a fee to the
owner. This is case if he hadn’t broken any laws or wasn’t negligent. However,
the case should be returned to the court and a Qaadee.
4)
If two parties have an accident then both parties must
take a proportionate share of the blame. The portion of the blame must equate
to financial reimbursement for repair to damages.
[Number 71, Pages 162-164]
[Based on an article
written by Dr. Musfar bin ‘Alee al-Qahtaanee (Allaah Preserve Him)] http://www.saaid.net/Doat/msfer/2.htm#[16]
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