Stolen Goods and Liability

Q: A transporter reported to his client that some of the goods he was supposed to have delivered were stolen en-route. He stated that the door of the truck was closed but not locked and that the goods were stolen whilst he was driving. An oncoming motorist alerted his attention to the open door of the truck. Only then did he realize that goods were missing. At the time of negotiating the contract the transport company had agreed to take responsibility for any losses. According to Shariah, who is responsible for the loss?

A: The Islamic principle governing this situation states that if goods were lost while being transported due to negligence, as in the above case, then the transporter is liable for losses sustained. Leaving the door unlocked is an act of carelessness which should necessitate compensation. Furthermore, the transporter had undertaken acceptance of liability for any losses, in which case he is liable for losses. He shall have to compensate his client for the current market value of the goods that were stolen. However, if both parties agree on a settlement figure, that is also allowed.