Diya for Car Accident Resulting in Death
Ustadh Tabraze Azam is asked about paying blood money and expiation due to the accidental death of someone.
If a Muslim is involved in a traffic collision which results in the death of an individual is he liable for diya and kaffara?
Usually, if a person unintentionally kills another, he is expected to pay the blood money (diya) and perform the expiation (kaffara). The former would commonly be paid with assistance from family members (‘aqila) over a period of time. However, there is some detail here depending on the nature of the accident, who did it and where it occurred.
Allah Most High says: “It is not lawful for a believer to kill another except by mistake. And whoever kills a believer unintentionally must free a believing slave and pay blood-money to the victim’s family – unless they waive it charitably…” and towards the end of the verse, “Those who are unable, let them fast two consecutive months – as a means of repentance to Allah.” (Sura al-Nisa 4:92)
Given the sensitive nature of the topic, I’d suggest consulting a local, reliable scholar with the specifics of the situation.
(Usmani, Buhuth fi Qadaya al-Fiqhiyya al-Mu‘asira (1.297); Ibn ‘Abidin, Radd al-Muhtar ‘ala al-Durr al-Mukhtar; Mawsili, al-Ikhtiyar li Ta‘lil al-Mukhtar)
Please also see The Punishment for Murder: Reconciling Verses 4:93 and 4:116.
And Allah Most High knows best.
Wassalam, Tabraze Azam
Checked and approved by Shaykh Faraz Rabbani.
