Liability In An Accident
Question
If an accident occurs, what is the Shariah procedure which has to be followed regarding the expenses?
Answer
As far as a car accident is concerned, the ruling will be according to the incident. Whichever driver is negligent in that particular accident will be considered responsible for paying for any damages caused, whether it be damage to the the opposite party’s vehicle or injuries to that person due to one’s negligence.
References (Arabic / Urdu sources)
لو اتلف احد مال الآخر او نقص قيمته تسببا يعني لو كان فعله سببا مفضيا لتلف مال او نقصان قيمته يكون ضامنا
(المجلة ص ١٧٩)
- Approved by
- Mufti Muhammed Saeed Motara Saheb D.B.
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Ifta, Darul Uloom Azaadville — https://www.iftadua.co.za/liability-in-an-accident/15725/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-15725