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Can the Family of the Brother Who Passed Away in a Car Accident Claim Compensation Through the Courts

Answered according to Hanafi Fiqh by DarulIftaBirmingham

Answered by: Maulana Abrarul H. Hasib

Question:

A brother passed away in a car accident as a passenger. The driver pleaded guilty to dangerous driving.

The question is can the family of the brother who passed away claim compensation through the courts?

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

If the accident occurred because of any mistake on the driver’s end and doesn’t have the intention of killing, then it will be considered as Qatl Khata (Unintentional killing). [1]

The Diyyat (Blood money) will be mandatory upon the driver.

You have the absolute right to claim the blood money, but if his insurance company pays on his behalf then the driver will be exonerated.[2] [3] But, you don’t have the right to claim more than the specified amount. [2]

Only Allah knows best

Written by Maulana Abrarul H. Hasib

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

_______________________

[1] Fatawa Uthmani, Vol 3, Pg. 544, Maktabah Ma’arif Ul Quran.

[2] Fatawa Uthmani, Vol 3, Pg. 545, Maktabah Ma’ariful Quran.

[3] Chand Ahm Asri Masa’il, Vol 2, Pg. 285, Maktabah Darul Uloom Deoband

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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