Diyat, Dhaman And Road Accident Compensation Claims In Malaysia

Abstract

Diyat Is A Good Compensation Claim System For Road Accident Cases And Should Be Applied In Malaysia. The Offense Of A Road Accident Stems From Negligence Which Can Be Categorized In The Scope Of A Crime Against An Individual. This Leads To A Fine Of Diyat. This Study Hopes That The Government And Sharia Practitioners Can Consider That The Quantum Of Personal Injury Under Civil Law And Compensation In Road Accident Cases In Malaysia Can Be Adjusted According To Diyat And Dhaman So That Fair Justice Is Given To Victims Or Families Of Victims. Section 90 (2) Of The Road Transport Act 1987 Provides For A Fine For A Motor Car Owner Violating The Provisions Of The Law If He Does Not Have An Insurance Policy. The Fine Provides Awareness To Insurance Owners About The Risk Of Incurring Losses As A Result Of The Negligence Of A Road Accident. Payment Of Damages Will Be Obtained After The Court Hearing And The Insurance Company's Claim Is Fully Settled. This Study Aims To Examine The Problems That Exist In The Existing Compensation System In Malaysia And Propose That The Diyat Method To Resolve Cases Out Of Court. Therefore, This Study Is A Proposal Towards An Out -Of -Court Settlement Through A Method Based On Justice And Shariah Compliance. The Research Methods Used In This Article Are Literature Review And Case Study.