Provisions of Liability Related to Spacecraft Collisions: "A Sharia Perspective"
Associate Professor, College of Islamic Studies and Head of the Department of Islamic Studies, Mohamed bin Zayed University for Humanities, United Arab Emirates.
Abstract
The growing utilisation of outer space has given rise to significant legal challenges, particularly in relation to determining liability for collisions involving spacecraft. While international treaties offer a foundational legal structure, there remains a notable gap in the examination of how Islamic jurisprudence (Sharia) addresses such circumstances. This study adopts a normative juridical methodology in conjunction with a qualitative framework to assess liability for spacecraft collisions from an Islamic legal perspective. Content analysis was employed to facilitate a nuanced investigation of the convergence between Sharia principles and international space law. Findings indicate that liability in incidents involving spacecraft typically hinges upon the presence of fault or negligence. Within this context, Islamic jurisprudence exempts parties from responsibility in instances of unavoidable or uncontrollable occurrences. Conversely, in situations where collisions are caused intentionally or due to negligence, resulting in harm or fatality—Sharia mandates proportional liability and compensation (diya). The study further identifies divergent interpretations among various Islamic schools of thought concerning the degree of culpability and the application of retaliatory measures. By integrating Islamic legal doctrines with the existing framework of international space law, this research enhances the theoretical understanding of liability in space activities. Emphasis is placed on key legal factors such as fault, intentionality, and the extent of operational control in the event of a collision. The outcomes of this analysis are intended to support policymakers and space industry stakeholders in establishing comprehensive liability and compensation protocols, thereby contributing to more defined legal responsibilities and effective risk mitigation strategies in space exploration initiatives.