KEMALANGAN MAUT JALAN RAYA MENURUT PERSPEKTIF UNDANG-UNDANG MALAYSIA DAN ISLAM

Abstract

The issue of traffic accident has created a stir among the public
lately due to increasing numbers of fatal accident in recent years.
Many cases have been brought to court and the culprits have been
punished according to the law. Some parties express their dissatisfaction
regarding punishment claiming that the offender deserve
more than what they were convicted (and punished) with. In the
first section of the article, the writer highlights the provisions under
the Road Transportation Act J987 and the related proviso in
the Penal Code regarding the issue. In the second section, she discusses
Muslim jurists ' opinion about the issue of traffic accident,
and finds that their discussion merely focuses on the aspect of injury
(and compensation) caused by animals - a mode of transportation
during their era - which are quite irrelevant in the modern
world. She emphasises that, since the present sophisticated means
of transportation were nol available during that era, an analogy is
needed to elaborate the various aspects of accident as a result of
high-tech "lifeless" vehicles and the related issue of homicide.