The Majlis Archive

General Fiqh The Majlis Vol 20 No 02, p.2

The driver of a vehicle accidentally knocked down a man who died instantly.

Question

The driver of a vehicle accidentally knocked down a man who died instantly. Fearing arrest, he drove on. Although the accident happened in Pakistan, the law is not the Shariah. The man is extremely remorseful. He wants to pay the 'blood money' to the relatives, but he fears that he may be arrested if his identity is known. Will the obligation be discharged if he gives the money to a Madrasah or any other worthy Islamic charitable institution, e.g. an orphanage?

Answer

He should arrange for the Diyat (Blood Money) to be delivered anonymously to the heirs of the deceased. The obligation will not be discharged if the money is given to a Madrasah. He should try his best to get the money to the heirs without revealing his identity. But he must explain that it is the Diyat for the one whom he had accidentally killed and that the money should be distributed to the heirs. Since the money is the right of the heirs, it may not be given to another institution. Giving the money to charity will be permissible only as a very last resort if there is absolutely no way of him handing the money to the heirs.

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The Majlis Vol 20 No 02
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