The Majlis Archive

General Fiqh The Majlis Vol 21 No 03, p.4

If a person kills someone in an accident, what is the expiation according to the Shariah?

Question

If a person kills someone in an accident, what is the expiation according to the Shariah? Will the prison sentence or monetary fine be considered to be an adequate discharge of his Islamic responsibility?

Answer

If a Muslim killed a person in an accident caused by his neglect or reckless driving, without having the intention of knocking the person, then the penalty called Diyat has to be paid by the killer's clan to the heirs of the deceased. In addition he has to fast 60 consecutive days. If he is sentenced to imprisonment due to the heirs pressing the charge, and their refusal to settle for the Diyat, then the sentence will suffice as absolution regarding the Diyat. However, he still has to fulfil the Kaffaarah of fasting 60 consecutive days. But, if the heirs agree to accept Diyat, and do not press charges in court, then even if the state sentences the man to jail, the Islamic penalty of Diyat and Kaffaarah of fasting 60 days have to be discharged.

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The Majlis Vol 21 No 03
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