If a person is involved in a car accident, wherein the driver is at fault by contravening the law, and subsequently someone dies. As far as Shariah is concerned this would be regarded as Qatl Khataa’. Although we are not in a Muslim country whereby Kaffaarah and Diyah can be enforced, is it still binding on the driver to pay the deceased family as a matter of his Islamic conscience (Diyaanatan)? Your answer in this regard, together with references from Islamic Sources would be highly appreciated. Jazakallah
Kindly find below our response to a similar query.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.
Q: Zaid took my husband for a drive. Due to his racing and negligence, he met in an accident and my husband passed away. Is it permissible for me to sue Zaid and get blood money?
A: The accident that occurred due to ?racing? is a violation of the traffic laws. Therefore, Zaid is responsible for the death of your husband.
However, since Zaid did not intend killing your husband, his negligence will be categorised as Qatl Khat?a (unintentional killing) (Buhooth fiy Qadaya fiqhiya Asriya; Mufti Taqi pg.311).
In a non-Islamic state, e.g. South Africa, India, etc. Zaid has to pay the blood money from his own wealth. (Fataawa Darul Uloom vol.2 pg. 904, Deoband; Raddul Mukhtaar vol.6 pg. 647, Karachi).
In an Islamic state, the Aaqila (family and associates) will assist in paying the blood money. The blood money is 100 camels or 10 000 Dirhams or 1000 Dinaars. 1 Dirham is equivalent to 3.06 grams of Silver, 1 Dinaar is equivalent to 4.374 grams of Gold. The amount may be paid in cash immediately or over a period of three years. He also has to fast for two months continuously and repent for his negligence.