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It is Permissible to Take a Compensation Against the Harm Resulting from Negligence

Answered according to Shafi'i Fiqh by Darul Iftaa Jordan
In Europe, it is allowed for a woman to undergo a diagnosis for her embryo during the first months of pregnancy to check whether it has Down`s Syndrome, or not. Actually, a woman gave birth to a baby that has been diagnosed with Down`s Syndrome, so she filed a lawsuit against the hospital for not running that test in the early stages of her pregnancy. As a result, the court ruled that she gets a certain amount of money as a compensation. Is it permissible for her to take that money?

Answer:
All perfect praise is due to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions. It is permissible for a person to take a compensation against the harm that befalls him/her due to negligence, as indicated by the following Hadith: " There should be neither harming (darar) nor reciprocating harm (dirar). A hasan hadeeth related by Ibn Majah, ad-Daraqutnee and others as a musnad hadeeth." Therefore, the above woman is permitted to take that compensation as ruled by the court. And Allah knows best.

This answer was collected from the official government Iftaa Department of Jordan.

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