Question
The doctor was grossly negligent. He administered an injection which caused the death of the patient. When he was confronted, he callously remarked: "This is the new South Africa". He showed utterly no remorse. The wife wants to sue him. She says that the money she receives will be given away to charity. Is this permissible? Some Ulama have informed her that it is not permissible to sue the doctor.
Answer
If the doctor was indeed negligent, then he deserves punishment. The wife may sue the doctor for negligence. If negligence is established, it will mean that the doctor was responsible for the death of her husband.
The money can be categorized as Diyat. However, she will not be entitled to the money nor will she have the right to distribute the money as Sadqah. The Diyat will be the Haqq of the
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 23 No 12
- PDF page
- 4
Verbatim verified against the source PDF
Appears under QILLAT-E-KALAAM. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.