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Fatawaa


Subject : No Liability on Driver if he didn`t Cause someone`s Death

Fatwa Number : 3287

Date : 19-09-2017

Classified : Punishments

Fatwa Type : Search Fatawaa


Question :

A traffic accident has led to the death of a person, but, according to the accident report, it wasn`t the driver`s fault. What is the ruling of Sharia in this situation?


The Answer :

All perfect praise be to Allah, The Lord of The Worlds, and may his peace and blessings be upon our Prophet Mohammad and upon all his family and companions. The accident report issued by the Traffic Department determines the liability of the accident elements. It shows the percentage of the driver`s negligence; therefore, if he was negligent then he is obliged to offer blood money(Diya) and expiation for accidental killing. However, if he wasn`t negligent and didn`t transgress, and the killed person was to blame then the former isn`t liable for anything. In other words, he doesn`t have to offer Diyah and expiation because he isn`t considered a murderer. Resolution(71/1993) by the International Islamic Fiqh Academy stated: "Car accidents undergo the rulings of criminology stipulated in Sharia……freedom from liability is granted only in the following situations: A-The accident was inevitable(he couldn`t have avoided it). B-The victim committed an act that led to that result. C-The accident was due to the victim`s negligence and transgression, so it is his/her liability. Accordingly, if the above driver didn`t cause the accident then he is free from liability, but if he was negligent and has transgressed then he is obliged to pay the Diya and expiation. And Allah knows best.




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