Aircraft Accident Provisions in Islamic Jurisprudence

Abstract

Aircraft accidents have become a serious problem that is difficult to solve despite all efforts made by governments, regular bodies and others to solve the problem. However, the danger is constantly increasing as it causes the loss of hundreds of thousands of lives. It affects millions of people around the world. Transportation in all its forms by land, sea and air, public or private, is one of the main pillars for the development and growth of people and societies. Therefore, accidents that occur by means of transportation in all their forms must be avoided, which is a cause for concern and threatens the safety and health of transportation. The right to life is one of the fundamental human rights that no one has the right to violate. Preserving human life and soul is one of the purposes of the Sharia. Islamic Sharia considers assaulting and killing an innocent person a major crime and a great sin, making the amount of punishment necessary for the perpetrators of premeditated murder. This research deals with the subject of the provisions of aircraft accidents in light of Islamic jurisprudence. In this research, an analytical and descriptive approach was used. Researching this issue is necessary because most traffic accidents result in material or non-material damages. And the need to know the legal provisions of those who commit these incidents directly or indirectly. As a guarantee of physical and physical damage, the nature of this guarantee and who is responsible for it or to whom it goes. In this research, I seek to explain the concept of aircraft accidents, the causes of aircraft accidents that are different, and the provisions of aircraft accidents whose ruling differs due to the intent of the perpetrator. If it is an unreliable accident, it is not guaranteed, and if it is an unreliable accident due to the failure of the commander, it is guaranteed. And if it is approved, it is considered premeditated murder, and retaliation is required for it. At the end of the article, I explained the ruling on hijacking planes, that it is the same as the crime of spearing. Its rulings explained its punishment in the light of Islamic jurisprudence.