Liability for Autonomous Vehicle Damages: A Comparative Analytical Study under Islamic Jurisprudence and Civil Law

Abstract

Modern civil law traditionally anchors liability in the doctrine of fault, whereby an individual who commits a harmful act must compensate the victim on the basis of wrongdoing. Yet this foundation proves inadequate when applied to accidents involving autonomous vehicles, since attributing fault to a specific actor—whether the manufacturer, programmer, or owner—is often unfeasible. Consequently, contemporary scholarship increasingly favors an objective theory of liability, emphasizing the harm itself as a product of the vehicle’s operation or system, and assigning responsibility to the party exercising control, even absent proven fault. However, this theory, while significant, remains insufficient in addressing complex scenarios involving multiple contributors. In this context, Islamic jurisprudence offers a more nuanced framework through the doctrine of direct and indirect causation (al-mubāshir wa al-mutassabbib), which distinguishes between immediate actions and contributory causes. This approach provides a balanced and flexible basis for regulating liability in autonomous vehicle accidents, ensuring fairness, protecting victims’ rights, and accommodating technological innovation.