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The error is a malicious act that is achieved because of a breach of
a legal rule or abuse of the right, based on two pillars, the first of
which is physical and the deviation is not considered in the
assessment of this element to the internal circumstances, other
than the foreign ones taken into account, and that the burden of
proof falls on the plaintiff, The mistake is cases where the cases are
denied. These cases are in the case of necessity, the legitimate
defense and the state of execution of the orders of the president.
All these provisions are in accordance with Islamic jurisprudence,
The Traffic Law is one of the legitimate purposes which aims at
preserving the money and the self that the Shari'a has come to
preserve. Based on this, compliance with the rules of traffic is a
safeguard for these lofty purposes. Whoever violates the rules of
traffic and falls into the forbidden is responsible, because harming
others in themselves and their wealth is prohibited by law. And
the compensation shall vary according to the consequent death or
disability, as approved by Islamic law and positive law |
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