Avoiding Paying a Traffic Fine

Q: Is it a sin to avoid paying a traffic offence fine seeing that one has not taken money from anyone ?

A: Imposing a monetary fine or compensation on anyone for an offence is not allowed in Islam. During his Hajj The Messenger of Allah (sallallahu alayhi wasallam) made this declaration: PAY HEED! THE WEALTH OF A MAN IS NOT LAWFUL EXCEPT WITH HIS HEART'S CONSENT. (Musnad of Imam Ahmad) In Shariah certain crimes are punishable through imprisonment or physical punishment, but never through taxation or usurpation of wealth. No one, not even the Muslim ruler, has the right to take away the wealth of anyone against his will. Therefore, to avoid paying a traffic fine is not a sin in Islam.
However, if in so doing one fears the embarassment of being arrested, prosection, and jail sentence, or the possibility of having to pay more than the original fine then it is necessary to pay the original fine. This is based on two Shar'ee principles: a) The hadith teaches that one should not deliberately subject oneself to disgrace (Tirmizhi), which is what the above may entail. b) If one is faced with two evils, one should adopt the lesser of the two. In this case, paying the fine is certainly the lesser of the two evils. To avoid disgrace and /or a greater evil, the trafic fine should be paid. If one shuns payment of the fine and ends up in greater difficulty such as arrest and imprisonment, then such a person is sinful.
This answer should not be construed as a condonation of breaking traffic rules and speeding that engangers the lives of others. Islam also teaches rules of public safety and road use. Driving recklessly and so fast that other road users are threatened with injury or death is a sin in Islam. In an Islamic State such crimes will not be punished through monetary fines. Instead, the offender may face imprisonment. I am sure that should this be implemented in our country, few people would dare break traffic laws, for in most cases people do not find it so difficult to part with a few rands than to sit in jail.