The Sharia Precept of Dangerous Sports and the Liability Arising from their Accidents in light of Islamic Society’s Needs

Although exercise is one of the sources of vitality and health of the human soul and body, and the intellect and Sharia recommend it, some sport disciplines are dangerous and cause harm to athletes. Such harms are sometimes temporary and minor, and sometimes lead to severe injuries, disability and lifelong disablement, and possibly the athlete's death. In this study, through a descriptive-analytical method, the authors seek to obtain a rule to infer the precept of all types of dangerous sport disciplines. The hypothesis of this study is that those sports which harm the body are per se impermissible according to the ruling of intellect and Sharia and in case they cause harm to or the death of another, give rise to liability. This study concludes that pursuing these sports with the good motive of, for example physical readiness in order to defend oneself and express glory and readiness to defend Islamic territory and society against malicious persons, is permissible due to necessity and as a result of a secondary rule and subject to certain conditions; even occasionally it is obligatory due to being the essential precondition of obligation and liability is also excluded in case of prior acquittal. Obviously, malicious or criminal personal motives including villainy, revenge and unsafe competitions keep the case subject to the primary rule.