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The question

Is the husband, who was one of the parties to a car accident in which his wife died, entitled to inherit from her, knowing that he bore 25% of the responsibility for the accident? What is the fate of the unclaimed 25% of the blood money? Do the parents deserve any of it? What is the fate of the deferred dowry and the wife's other possessions?

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Source: FtawySummarized from the full answer at Ftawy · reviewed Sep 2, 20262 min readAlso available in العربية
The answer

The principle is that responsibility for traffic accidents rests with the direct perpetrator, not the indirect cause, unless the indirect cause was an aggressor and the direct perpetrator was not, or if two factors contributing to the damage converged. In such cases, responsibility is apportioned to each according to their degree of influence.

As for the husband's inheritance in this situation:

1. Inheritance from Diyya (Blood Money): The perpetrator of accidental killing does not inherit from the diyya mandated for the killing, according to the majority of jurists. However, the Malikis hold that he inherits from the general wealth but not the diyya, and this latter view is the preferred one. Based on this, the husband inherits from all of his wife's wealth, including 75% of the diyya due from the other party in the accident, but he does not inherit from the 25% for which he is responsible.

2. Payment of Diyya: The husband must pay 25% of the diyya to the remaining heirs, as it is part of the wife's estate and the rights of the heirs, unless they waive it. This diyya is obligatory upon the husband's 'aqila (male agnatic relatives responsible for blood money payments), but if they do not exist or refuse to pay, then he must pay it himself, according to some jurists. It is advisable for the wife's family to pardon the husband.

3. Deferred Dowry (Mahr Mu'akhkhar): The wife's deferred dowry is included in her estate, and the husband inherits from it like the rest of the heirs. It becomes due upon the wife's death.

4. Woman's Jewelry and Wealth: The woman's jewelry and any wealth definitively proven to be hers are included in her estate, and the husband also inherits from them like the rest of the heirs.

It is advisable to refer matters of inheritance to the Sharia courts to resolve disputes and settle conflicts.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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