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

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 comm...

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Main Authors: Ahmad Muhammad Husni, Anwar Fakhri Omar, Muhammad Nazir Alias, Muhammad al-Adib Samuri
Format: Article
Language:English
Published: Institut Kajian Rantau Asia Barat 2012
Online Access:http://journalarticle.ukm.my/5312/
http://journalarticle.ukm.my/5312/1/v4n1-2012_1.pdf
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author Ahmad Muhammad Husni,
Anwar Fakhri Omar,
Muhammad Nazir Alias,
Muhammad al-Adib Samuri,
author_facet Ahmad Muhammad Husni,
Anwar Fakhri Omar,
Muhammad Nazir Alias,
Muhammad al-Adib Samuri,
author_sort Ahmad Muhammad Husni,
building UKM Institutional Repository
collection Online Access
description 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.
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spelling oai:generic.eprints.org:53122016-12-14T06:38:04Z http://journalarticle.ukm.my/5312/ The status of insurance as an alternative to aqilah for diyat payments pertaining to road accidents. Ahmad Muhammad Husni, Anwar Fakhri Omar, Muhammad Nazir Alias, Muhammad al-Adib Samuri, 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. Institut Kajian Rantau Asia Barat 2012 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/5312/1/v4n1-2012_1.pdf Ahmad Muhammad Husni, and Anwar Fakhri Omar, and Muhammad Nazir Alias, and Muhammad al-Adib Samuri, (2012) The status of insurance as an alternative to aqilah for diyat payments pertaining to road accidents. Jurnal Antarabangsa Kajian Asia Barat, 4 (1). pp. 1-12. ISSN 2229-8924 http://www.ukm.my/ijwas/
spellingShingle Ahmad Muhammad Husni,
Anwar Fakhri Omar,
Muhammad Nazir Alias,
Muhammad al-Adib Samuri,
The status of insurance as an alternative to aqilah for diyat payments pertaining to road accidents.
title The status of insurance as an alternative to aqilah for diyat payments pertaining to road accidents.
title_full The status of insurance as an alternative to aqilah for diyat payments pertaining to road accidents.
title_fullStr The status of insurance as an alternative to aqilah for diyat payments pertaining to road accidents.
title_full_unstemmed The status of insurance as an alternative to aqilah for diyat payments pertaining to road accidents.
title_short The status of insurance as an alternative to aqilah for diyat payments pertaining to road accidents.
title_sort status of insurance as an alternative to aqilah for diyat payments pertaining to road accidents.
url http://journalarticle.ukm.my/5312/
http://journalarticle.ukm.my/5312/
http://journalarticle.ukm.my/5312/1/v4n1-2012_1.pdf