| Summary: | The main objective of insurance practice is to establish mutual cooperation between policyholders and insurance companies in providing a form of protection and material security against an unexpected risk especially for compensation claims involving road accidents. However, parties should not make an opportunity to expect a number of unexpected compensations. The objective of this study is to discuss the principles of quantum of compensation award for personal injury damages of road traffic accidents in accordance with Islamic law and the principles of civil law. The form of the study uses a comparative method of a case study chosen to analyze different issues and similarities regarding the quantum of personal injury compensation according to Islamic law and current Takaful practice which is also based on the civil law system using qualitative approach. The findings show that practically, the Court has the tendency to award an insufficient amount of damages based on decided cases especially relating to the quantum of damages for personal injury on road traffic accidents compared to the quantum of damages in Islamic law accordance with Al-Quran, sunnah, qiyas and masalih mursalah which is more
transparent and fair especially to victims of accidents. Therefore, a harmonization in awarding
compensation of damages according to Islamic law can be implemented in order to be more comprehensive and to provide justice and protection to the victim as well as not burdening the insurance and country.
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