PUTRAJAYA, July 19 — The Prime Minister’s Department (Religious Affairs) fully supports the Cabinet’s decision to amend the Road Transport Act 1987 (Act 333) to make it mandatory for offenders to pay compensation to road crash victims.
Minister in the Prime Minister’s Department (Religious Affairs) Dr Zulkifli Hasan said the legislative move was in line with the department’s ongoing efforts to examine the implementation of the ‘diyat’ mechanism, or syariah-based compensation, together with muftis and legal experts since Feb 11.
“We are ready to contribute our expertise to ensure that the court compensation mechanism is drafted in a manner that is fair, free from loopholes, and capable of protecting the rights of families who have lost their breadwinners,” he said in a statement today.
On Friday, Transport Minister Anthony Loke said the Cabinet had agreed in principle to amend Act 333 to empower the courts to order road crash offenders to pay compensation to victims or their next of kin as an additional punishment, on top of existing penalties.
Zulkifli said the Transport Ministry’s firm stance on road traffic offenders, particularly drunk and drug-impaired drivers, is appropriate.
“They should not be allowed to escape with only imprisonment and fines, but must instead be held fully financially accountable, to safeguard the welfare of the victims’ next of kin.
“Tragedies that claim lives due to gross negligence, such as driving under the influence of alcohol or drugs, are crimes that cannot be compromised with under any circumstances,” he said, adding that the amendment would also ensure that justice for victims was delivered swiftly without having to go through prolonged civil proceedings.
Meanwhile, Federal Territories Mufti Ahmad Fauwaz Fadzil said the move to amend Act 333 was a highly significant effort in ensuring that justice was not only carried out through the punishment of offenders, but also took into account the welfare, loss and financial burden borne by victims and their families.
In a statement today, he said the Federal Territories Mufti Department welcomed and fully supported the statement by the Minister in the Prime Minister’s Department (Religious Affairs) regarding the Cabinet’s decision to amend Act 333.
“Offenders who cause death or injury due to gross negligence, particularly by driving under the influence of alcohol or drugs, should be held accountable for the consequences of their actions,” he said.
Ahmad Fauwaz said the approach was also in line with Syariah principles, which emphasise the preservation of life, protection of victims’ rights and the implementation of compensation through the concept of diyat.
“A fair, comprehensive and effective compensation mechanism can help victims’ families rebuild their lives, while also sending a strong message that negligence on the road is not an offence that can be taken lightly,” he said.
Ahmad Fauwaz added that the Federal Territories Mufti Department stood ready to provide cooperation and views from the perspective of Islamic law and Syariah principles to assist the government in formulating a fair and practical compensation mechanism.
Meanwhile, Malaysian Syarie Lawyers Association (PGSM) president Musa Awang said PGSM was prepared to contribute its expertise to ensure the drafting of the Amendment Bill to Act 333 could be realised.
“Recently, the issue of drivers under the influence of alcohol or drugs, or those involved in illegal street racing, has often resulted in road crashes that claimed lives or caused serious injuries to victims.
“Therefore, there must be a strict law that not only provides swift justice to victims or their families without having to go through lengthy and prolonged civil proceedings, but also serves as a deterrent and prevention measure for the community,” he said in a statement today.
He said if the amendment to Act 333 aimed to enhance road safety, reduce accidents, protect lives through fair punishment and fair procedures, as well as reduce the burden on victims and their families, then in principle it was in line with the principles and objectives of maqasid syariah.
