My father was 74 years old, he was crossing the road and a car came fast a hit him, he was alone.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh.
(May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
Salamo
alaykom,
my father was 74 years old, he was crossing the road and a car came fast a hit
him, he was alone, and we don't know exaclty who was wrong the driver or
my father however, even the police report didn't confirm anything.
I have seen him one day before he dies, and it showed well in his
body that it was a very bad hit and he had a couple of borken ribs, and many
many things, and he died after 5 days.
I am not sure if we/my family has to forgive the taxi driver or not? as he is a
poor guy who has a family as well?
what we should do? to leave it to the government which will put him in jail any
way as his license was taken from him for reasons unkown to us? or we should as
our right to punish him as well by filing a case, and in this case he will be
in jail as per the government law and as our right as well to claim and file a
case? considering his children, that they will be in big danger.
thank you in advance for your help!
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Answer:
Accidental traffic
death
In the name of Allah, We praise Him, seek His
help and ask for His forgiveness. Whoever Allah guides none can misguide,
and whoever He allows to fall astray, none can guide them aright. We bear
witness that there is none worthy of worship but Allah Alone, and we bear
witness that Muhammad (saws) is His slave-servant and the seal of His
Messengers.
Allah Says in the Holy Quran Chapter 4 Surah
Nisaa verse 92:
92 Never should a believer kill a believer; but (if it so happens) by
mistake (compensation or ‘blood money) is due): if one (so) kills a believer it
is ordained that he should free a believing slave and pay compensation to the
deceased's family unless they remit it freely.
If the deceased belonged to a people at war with you and he was a
believer the freeing of a believing slave (is enough). If he belonged to a people with whom ye have
a treaty of mutual alliance compensation should be paid to his family and a
believing slave be freed. For those who
find this beyond their means (is prescribed) a fast for two months running: by
way of repentance to Allah: for Allah hath all knowledge and all wisdom.
Your
Question: what we should do?
If one is killed by another accidentally and without any
intention of intentional ‘murder’ whatsoever, Shariah Law guides that the one
who accidentally kills another person should pay the appropriate blood money to
the heirs of the deceased.
The amount of the blood money is fixed by the government
of the land, and it varies from one country to another. To the best of our knowledge the ‘blood
money’ or compensation for an unintentional killing that is required by law to
be paid to the heirs of the deceased in a country like
Beloved Sister in Islam, if you are absolutely confident
that the person did not intend to kill your beloved father, but it was rather a
genuine accidental traffic death, the absolute maximum punishment that you can
extract from the person who accidentally killed you father according to Shariah
Law is the ‘blood money’; but if you wish to have mercy on the condition of the
one who accidentally killed your father and wish to remit the blood money, that
would be a ‘sadaqah’ and charity on your part.
If the person who accidentally killed your father is a
believer, then he is required to atone for his deed according to the clear
guidance of the Glorious Quran quoted above….and that is something between him
and Allah Subhanah.
The absolute maximum punishment which Shariah Law demands
to extract from a person who kills another accidentally is the payment of the
‘blood money’ to the heirs of the deceased; unless of course, of their own
will, the heirs wish to remit and forgive the receipt of the ‘blood
money’. Other than that, the heirs, if
indeed they believe in Allah and the Last Day, are not allowed to extract any
further punishment from the person who accidentally killed their loved one.
Whatever written of Truth and benefit is only
due to Allah’s Assistance and Guidance, and whatever of error is of me
alone. Allah Alone Knows Best and He is
the Only Source of Strength.
Your brother and
well wisher in Islam,
Burhan
Wister