| المستخلص: |
The road—an aspect of construction—is the material aspect of any civilization and reflects a state's authoritative position. Juristically, a road is both a public utility which is permissible for everyone to benefit from without causing damage or restricting the movement of others and a public property which no one may appropriate or take a part of, even if it is wide and this does not impede pedestrians. Our jurists have determined right-of-way with respect to roads which is a person's right of access to his property. Due to their importance, it is the state's responsibility to construct new roads and oversee the safety and maintenance of existing ones. The protection of roads preserves people's lives, property, and honor. Roads fall under the administration and supervision of the state and their security is the concern of the police department. Our jurists were ahead of their times since they called for the prevention of using sidewalks, streets, and mosque courtyards to display merchandise and discouraged against buying from mobile street vendors. This is because, in their opinion, street merchants and vendors usurp roads. They argued that preserving roads requires societal participation and is not the duty of a single entity. An example includes residents removing rain water and mud from roads. In spite of this vigilance and in addition to economic damages, every year we lose more people to road accidents than to all the wars combined. For this reason, reformers have attempted to rectify shortcomings through the administration of traffic safety rules. This study bases these traffic rules on evidence from an authoritative source and classifies them under the axioms and objectives of Islamic law. - Reconciling texts and high objectives based method. Each of the above methods was represented through its own prominent scholars, and was distinguished by its own principles, characteristics and influences. In this research, I have separately represented each method, defined it, its scholars and its influences on Islamic Jurisprudence and on studying new Jurisprudential issues. Likewise, I have focused on the most moderate from among them and tackled it in details since it is the method followed by the early generation of the righteous predecessors.
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