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Is it permissible to get a lawyer after being injured in an accident?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Is it permissible for one to get a lawyer after he is injured in an accident, and then go to court, and get a dollar value that is beyond the damage done to him/her. (ie. he gets more than what he was entitled to..so if his car got damaged, and then his insurance premiums went up, i believe he is only entitiled to about $5-10000 maximum, however he receives more than that amount) Would this money be haraam? I am worried about this issue as my father had this type of case, but he did not know that this might not be permissible, and he got more money from the motor vehicle case than what he was entitled to. If it is haraam, what am I supposed to do? My dad buys mostly everything in the house, so am I supposed to stop eating these things because it is of haraam income. Also, Am I supposed to get a job to pay back for all this time that I have been eating from this money. Also, I recently found some envelope which read “disability papers” I was unaware that it was not permissible for my dad to go on disability without a legitimate disability. So, am I supposed to put my own money into my dad’s account to pay up for all this time I have been eating form the disability and lawyer’s case money? This issue is really serious to me, so please try to reply as soon as possible.

Answer

(Fatwa: 630/D=148/File D=1432)

(1) It is not lawful to take more than the entitlement amount. If one has to tell a lie or misinterpret, then it is more hideous. You should give the extra amount in charity to the poor and needy ones.
(2) If he has any other lawful source of earning then his total income cannot be termed as haram. However, if you are sensible and have come of age then it is better for you to try to find out any lawful earning source. What you ate until date if it was from the mixed income of your father then you should not worry to return it. But you should take care in future.
(3) What did you understand by “Mazoor Nama” that was written on the envelop? Whatever you understood certify it from your father and then whatever you want to ask write it and submit the question again.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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