Mufti Online — Madrasah Ta'leemuddeen

Can the estate of the deceased be made liable for damages?

· 2 Rabiʻ I 1438 AH1 min readEnglish

Question

Person A invited Person B to come to Maclear (Eastern Cape) for Edul Adha Person A adviced person Person B to take sheep down to Pietermaritzburg with Person A's vehicle (Toyota Hilux) and person A will then bring down Person B's vehicle (VW Polo) to Pietermaritzburg in the weekend and collect his Vehicle (Toyota Hilux) Person B then took Person A's vehicle and proceeded to Pietermaritzburg after Edul Adha and then on Saturday (17-09-2016) person A left Maclear with person B's vehicle (VW Polo) for Pietermaritzburg via Port Shepstone On the way just before Paddock, person A met up in an accident and passed away. Car was wriiten off. It is evident from the pictures of the car and police report that person a was speeding and overtaking on a double barrier line at the time of the accident. Fatwa required. Person B wants to know if the estate is liable for replacing his vehicle (VW Polo)?

Answer

According to the driving standards, if he drove in the manner that was not counted as unsafe or considered as negligent driving, then he cannot be held responsible.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/17052
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-17052

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