The Principle of Direct Meeting and the Responsible Party and Its Impact on Liability for Self-Driving Vehicle Accidents: A Comparative Jurisprudential Study

Abstract

The principle of the direct and indirect cause of the accident and its effect on liability in accidents involving self-driving vehicles: A comparative jurisprudential study. This study aimed to clarify who bears liability in accidents involving self-driving vehicles, based on the principle of joint liability between the direct and indirect parties – a comparative jurisprudential study. The study consisted of an introduction and four sections. The first section, the theoretical framework, addressed the principle of joint liability between the direct and indirect parties in its first subsection and self-driving vehicles in its second subsection. The second section examined the positions of the various schools of Islamic jurisprudence regarding joint liability between the direct and indirect parties. The third section discussed the principle of joint liability between the direct and indirect parties in the context of self-driving vehicles. The fourth section presented the comparative jurisprudential study. The study concluded that the positions of the various schools of Islamic jurisprudence were divided into two categories: the first, such as the Hanafi and Shafi'i schools, prioritizes the direct party in liability due to its stronger position. The second category, represented by the Maliki school and the Hanbali school in some cases of non-transgression, holds the direct party liable. Islamic jurisprudence includes rules related to liability, such as the principle of the concurrence of direct and indirect liability, and the principle that harm must be remedied. Islamic jurisprudence, in its principle of civil liability for accidents involving autonomous vehicles, recognizes the necessity of compensation for damages, as well as both direct and indirect liability.