Fatal accident while driving above the speed limit – Is it suicide?

Answered according to Hanafi Fiqh by

Here in Michigan, USA, almost all the drivers normally drive 5-10 miles per hour faster than the mentioned speed limit (e.g. 80 mph in 70 mph zone). Cops too notice that and do not penalize and ticket them (which is interpreted as a condonement of sort). Being a muslim, I believe I am bound to observe the rules and conditions of my agreement with the Department of Transportation (i.e. the driving license) and any laws and restrictions applied by them. Even most practicing (and rather devout) muslims have the opinion that it is okay to drive faster than the speed limit, as long as you are going with the flow (i.e. driving as fast as everybody else in you respective lane), and are not driving recklessly. What I would like to ask is, what if a person driving faster than the posted speed limit has an accident, and unfortunately dies as a result, would this be considered suicide (and as a result, the person a ‘jahannamee’), as they died breaking law, and obstructing clear advice on Highway/Transport authorities’ part, even though they might not be driving recklessly in their own right (just faster)? Please clarify whether or not it is considered suicide.Also why (or why not)?


In principle, traffic laws are implemented for one’s safety. If one violates
the traffic rules resulting in a tragedy, it will not be considered as
suicide. However, the person will be held responsible for negligence.
(Hidaaya vol.4 pg.561; Ashrafiyya)

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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