Civil Liability Resulting from Traffic Congestion

Abu Abdullah, a man in his sixties suffering from diabetes, travels 50 kilometers each way to work every day. Due to severe traffic congestion that regularly delays his arrival, he is often forced to urinate in a container kept in his car for that purpose. The situation becomes even more distressing when he has a non-family member accompanying him.

Um Sami gave birth to her child in the car, which was being driven by her husband, before they could reach the hospital — despite the hospital being no more than 20 kilometers from their home.

M.G. Wilson, a businessman, missed his flight and consequently lost his opportunity to attend the first day of a conference in which he was a speaker. This forced him to reschedule his travel and bear the extra costs of booking a new flight.

Abu Khalifa suffered a heart attack in his vehicle while stuck in gridlocked traffic. His son’s desperate attempt to reach a nearby hospital was thwarted by the congestion, and his father tragically passed away 20 minutes after the onset of the episode.

These incidents — and others like them — have caused tangible harm to those involved, raising the critical need to explore the existence of a legal framework for civil liability that allows victims of traffic congestion to seek compensation.

Under the General Theory of Civil Liability

Can it be said that government administrative bodies responsible for managing road infrastructure — such as the Traffic Department under the Ministry of Interior, general police commands, transportation authorities, and municipalities — are legally obligated to ensure roads are safe and accessible for public use?

Is this obligation derived from the laws and regulations that govern the mandate and functions of these administrative entities? If so, what specific acts of negligence, failure to observe regulations, or administrative shortcomings would trigger tort liability against them?

Furthermore, do the fees imposed by these authorities on road users (e.g., vehicle registration, licensing, traffic fines, etc.) create a contractual obligation to provide safe, passable roads — or at the very least, to prevent extreme traffic congestion in certain areas?

The government’s administrative control over public services, including traffic management, allows it to generate substantial revenue through fines for traffic violations, vehicle registration and licensing fees, taxes on vehicle-related transactions, and other service charges.

This financial gain must, under the Islamic jurisprudential principle of “al-ghunm bil-ghurm” (“gain is tied to liability”), be accompanied by a willingness to bear the risks associated with managing such infrastructure — including the risk of traffic congestion.

If a legal basis for civil liability due to traffic congestion can be established, it would then be possible to determine the scope of that liability, its limitations, defenses, and the components of compensable damages owed to affected individuals.