He drove a car with faulty brakes and accidentally killed a girl

21-3-2013 | IslamWeb

Question:

i was involved in a fatal motor accident that led to the death of a sixteen years old girl. Although i knew quite well the brake of the car i drove was having problem before i took it, i thought i could manouver it as i was not going to a distant place. Am not sure of the faith of the girl but her mum goes to church and her father has died a long time ago. Please guide me on what to do to get Allahs forgivness.

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

 

If you drove the car while aware of a problem in its brake system, then you were legally negligent. You should have taken the necessary precautions and fixed the brakes before driving. Therefore, you must pay the Diyah [blood money]. If this young woman was non-Muslim, then her Diyah is half that of the Muslim woman, as we have clarified in Fatwa 83489.

There is some disagreement regarding the obligation of the expiation for killing a Thimmi [a non-Muslim living in a Muslim state], though expiating is more precautious to clear liability. For more benefit, please refer to Fatwa 88305 which contains a clarification of the amount of Diyah for accidental killing.

To verify if she was or was not a Muslim, he should ask those who are trusted of those who knew her well. It is not sufficient to declare that she was a non-Muslim just because her mother is a Christian who goes to church.

Allaah Knows best.