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What is the ruling on accidentally killing someone?

Fatwaa ID: 1388

Question:
me (f) and my partner (m) were in the car and he was driving at somewhat speed but not too much when suddenly a bike came out of no where and he swerved to avoid hitting the bike but unfortunately hit a pedestrian and the pedestrian passed away on the spot. Things have been hell since that moment with immense guilt, wondering why Allah has written this for us, why that pedestrian died through us, and just so much remorse/sadness.
But aside from that I would like to know that is the ruling in Islam for the driver who committed the killing and for the passenger who was involved in the killing indirectly. I read accidental death does not incur punishment or sin but you have to fast and pay the victims family however I would like a clear answer to this for both the driver and passenger on what we are supposed to do. Thank you.

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

We take note of the details of your query. We pray that Allaah Ta’aala makes it easy for you and the family of the killed pedestrian. Life is filled with surprises and uncertainties. Just as we trust Allaah Ta’aala for the expected, we also trust Him for the unexpected. Just as we rely on Him for what we perceive to be good, we do the same for what we perceive to be otherwise. If death is written for someone at a certain place and time, it cannot be escaped.

The blood money (diyah) for involuntary manslaughter of a male is 100 camels, 10,000 dirhams or 1000 dinaars, payable to the family of the killed. The diyah of a woman is half of that of a man. 1 dirham is equivalent to 3.06 grams of silver and 1 dinaar is equivalent to 4.374 grams of gold. The amount may be paid in kind or cash. A mutual settlement may also be considered. Along with paying the diyah to the family, your husband, the driver will have to fast for two consecutive months and make tawbah for his action.

As for yourself, the passenger, you do not have to do anything. You were not driving nor was anything in your hands. However, you should provide mental and emotional support to your husband. Likewise, connect with Allaah Ta’aala and seek His assistance during legal proceedings.

In regards to the victim, if he/she was a Muslim, then he/will be a shaheed in the court of Allaah Ta’aala. If the victim was not a Muslim, then this will not apply.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

12/11/1444 AH – 06/29/2023 CE | 461

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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