Examining the Financial Liabilities Arising from Self-Driving Car Accidents in Iranian and Islamic Law

Abstract

With the rapid advancement of modern technologies and the emergence of self-driving cars, novel jurisprudential and legal challenges have arisen, particularly regarding liability in traffic accidents. Self-driving vehicles, which function autonomously through artificial intelligence (AI) systems, create complexities in determining responsibility when accidents or damages occur. This study explores the jurisprudential dimensions of liability stemming from incidents involving autonomous vehicles and seeks to address two fundamental questions. First, can liability arising from malfunctions or errors in automated systems be attributed to artificial intelligence itself or its designers, based on jurisprudential principles such as al-tasbīb (causation) and al-ḍamān (guarantee), or does the responsibility remain with human agents, including drivers? Second, when accidents occur at varying levels of automation, how should criminal and civil liabilities be apportioned among the driver, manufacturer, and software developers of the vehicle? The findings indicate that determining liability for self-driving car accidents in Islamic jurisprudence requires a precise interpretative approach that aligns with the principles and objectives of Sharia. Based on the principles of al-tasbīb and al-ḍamān, liability may be jointly attributed to AI system designers, technology manufacturers, and, under certain interpretations, the autonomous system itself. In particular, when technical errors or misjudgments occur during automated decision-making, the central jurisprudential question becomes whether accountability should rest with human actors or whether the autonomous systems—and by extension, their design and programming—should be recognized as the primary liable entities. At different levels of vehicle automation, both criminal and civil liabilities vary according to the extent of human versus system involvement. Therefore, the results of this research underscore the necessity of establishing a transparent and equitable framework for distributing responsibility among drivers, AI developers, and automobile manufacturers. Such an allocation of liability must be consistent with the maqāṣid al-sharīʿa (objectives of Islamic law) and uphold the protection of human life, property, and rights.