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Car Accident and Fraudulent Claim

Answered as per Hanafi Fiqh by Seekersguidance.org

Answered by Shaykh Abdul-Rahim Reasat

Question: Years ago I was in a car accident. My guardians made a fraudulent injury claim at the time. What should I do?

Answer: Wa ‘alaykum assalam wa rahmatullah wa barakatuh.

I pray you are well.

You would need to return the money which you received as a result of the claim to the company that made the payment. If you are unable to find the company, you can simply donate the money to any charity or poor person with the intention of getting it out of your possession. (Usmani, Fiqh al Buys’)

Returning Wrongfully Taken Property

Any property which has been wrongfully taken, such as through lying and deception, must be returned. It is a condition for the validity of one’s repentance that one does do. (Nawawi, Raiyad al Salihin)

The money can also be returned anonymously or via an alternative means. For example, one could purchase a gift voucher from a company one owes money to and not use it. Or if money is owed to an individual one could just place it in an envelope and post it to them.

The point is to return the right to the owner. Sometimes, if the matter was discussed with the owner, he would just forgive the right. If that is the case then nothing needs to be returned.

It’s better to deal with matters in this life before the next, where the only available currency is deeds which one has sent ahead. Imam Sha’rani suggested regularly performing a particularly good deed and donating its reward to anyone one has wronged. This ensures the matter is covered one way or another. (Sha’rani, al Kawkab al Shahiq)

May Allah facilitate the matter for you in the best of ways.

[Shaykh] Abdul-Rahim Reasat

Checked and Approved by Shaykh Faraz Rabbani

Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History he moved to Damascus in 2007 where, for 18 months, he studied with many erudite scholars. In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years in Sacred Law (fiqh), legal theory (Usul al-fiqh), theology, hadith methodology, hadith commentary, and Logic. He was also given licenses of mastery in the science of Qur’anic recital and he was able to study an extensive curriculum of Qur’anic sciences, tafsir, Arabic grammar, and Arabic eloquence.

This answer was collected from Seekersguidance.org. It’s an online learning platform overseen by Sheikh Faraz Rabbani. All courses are free. They also have in-person classes in Canada.

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