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Subject : In Car Accidents, Diya Multiplies According to the Number of the Dead

Fatwa Number : 3046

Date : 05-03-2015

Classified : Punishments

Fatwa Type : Search Fatawaa

Question :

I work as a bus driver and I had a car accident whereas 5 people were killed as a result of the crash. What is the ruling of Sharia on this? And am I obliged to pay the expiation of killing?

The Answer :


All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.

Killing an innocent person of set purpose according to Islam, is one of the major sins leading to Allah's wrath and torment for He said (What means): " Whoso slayeth a believer of set purpose, his reward is hell for ever. Allah is wroth against him and He hath cursed him and prepared for him an awful doom." [An-Nisa'/93].

In addition, causing the death of someone due to car accident won't free a person from being sinful, save if it was taken place utterly by mistake, yet he/she is obliged to pay Diya (blood money) and expiation if he was convicted according to accident sketch.

Moreover, expiation: is to free a slave and if it wasn't possible, then fasting for two consecutive months since Allah, The Exalted said (What means):" It is not for a believer to kill a believer unless (it be) by mistake. He who hath killed a believer by mistake must set free a believing slave, and pay the blood-money to the family of the slain, unless they remit it as a charity. If he (the victim) be of a people hostile unto you, and he is a believer, then (the penance is) to set free a believing slave. And if he cometh of a folk between whom and you there is a covenant, then the blood-money must be paid unto his folk and (also) a believing slave must be set free. And whoso hath not the wherewithal must fast two consecutive months. A penance from Allah. Allah is Knower, Wise." [An-Nisa'/92].

Further, expiation multiplies according to the number of the deaths thus, whosoever was the reason of the car accident as mentioned above and cause the death of more than one person is obliged to pay Diya and expiation for each .i.e. if the accident took place due to driver's fault then he is obliged to pay 5 Diyas and 5 expiations, but if the accident occurred and both drivers share accountability based on accident sketch, then they are obliged to pay the prescribed Diyas equally. For further details, kindly refer to [Mughni Al-Muhtaj vol.5 pp.352] for Al-Khatib Ashrbini (May Allah have mercy on his soul).

Finally, the estimation of Diya in accordance to the ruling of Sharia is 100 camels or its value in case they weren't available or out of reach according to the countries in which death took place. In Jordan, the Board of Iftaa' estimated the legal Diya as regards unintentional killing of Twenty thousand Dinar. And Allah knows best. 







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