Is the carrier liable for the destruction of human beings transported under an Ijarah (lease contract)?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

The opinion asserted is that liability extends to human beings transported, whether minors or adults, because liability here stems from transgression (Janaayah), which must encompass all human beings and others, similar to all other forms of transgression. This is based on the principle that liability for transgression is general. The view denying liability is refuted by the analogy of the physician's or circumciser's transgression, which confirms liability for acts against humans.

Supporting text

A contrary view, stated by the Qadi, holds that the carrier bears no liability for the destruction of enslaved persons, young or old, during transport because the contract is one of usufruct (service), and there is no liability for the destruction of human beings via a lease contract.