Guarantors’ indemnity (Daman Aqila) in murder caused by a traffic accident

چکیده

With regard to that coinciding with the development of the human society, the utilization of the vehicles is increasing day by day, obviously the accidents resulting from them are also increased. Therefore, the necessity and importance of the clear and specific rules and regulations that can regulate and the traffic affaires and specify the consequences rising from the disrespect of these regulations, is not hidden from anyone.  Thus, the present research has been provided utilizing descriptive-analytic methodology in order to clarify the jurisprudential-legal institution of the guarantors’ indemnity (Daman Aqila)  under Islamic Jurisprudence and Afghanistan law, determining the limitation of liability of the guarantors toward the committing of the traffic accident that caused the death of the victim, the various forms of the murder resulted from the traffic accidents, its elements, conditions and verdicts and data collecting has been done through library methodology. The findings of the present research are stating that the Islamic Jurisconsultants, are agreeing in generalities of the subject that the blood money (deya) of the absolute non-intentional murder is the obligation of committing’s guarantors (Aqila) . However, they are disagreeing in the definition of  guarantors (Aqila); so according to the views of the demos of the Jurisconsults “Aqila” is called to the men relatives (asaba) of the murderer, but according to the Hanafi Jurisconsults aqila is called to whom are in one bureau (colleagues). As a result, Daman Aqila in the legal system of Afghanistan is subject to Hanafi Jurisprudence, which is adjudged through the authorized court on the committing’s Aqila and in favor of the blood brothers of the martyred.