Who should pay for the Traffic Fine, the Driver or the Car Owner?
When someone has some vehicles, for example taxi or public transportations, he might let it run by a driver in order to get some money from it. But if there was a violation of traffic rules that cost the car to be fined, which amount was often not a small one, who should be responsible to pay for that fine, the owner, or the driver?
Basically, the muslims are bound to the points of contracts that they had agreed upon. As narrated by Bukhari without narrational chain, Caliph Umar said,
الشروط مقاطع الحقوق
“”Points of covenant is the determinant of certain rights.”
If there was a contract beforehand about who should be responsible for the traffic fines, then this contract was the determiner in this matter. But if there wasn’t any of it at the beginning of the working contract, then what counted is the social habit of unwritten laws among the drivers.
As an additional information, it is important to notice that punishment in the form of financial fine is alright according to the strongest opinion, as there is also punishment in the form of confiscation of half of the properties of those who refused to pay the zakat. Confiscation in this matter is included in financial fine. Among scholars who justified this financial fee was Ibn al Qayyim.
Author: Ustadz Aris Munandar, S.S., M.PI.
Article of www.Syaria.com