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The question

Is the driver who caused an accident leading to death or injury, and who was acquitted criminally due to insufficient proof of recklessness or negligence, religiously obligated to pay blood money (Diyya) and expiation (Kaffara), based on the principle: "The direct cause is liable even if their transgression or negligence is not proven"?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

What we have ruled concerning the absence of blood money (diyah) or expiation () for a truck driver, if the competent authorities prove his innocence, is correct, based on the principle: "What cannot be guarded against does not entail liability." The court acquits the driver due to insufficient evidence of his recklessness or negligence, and the default is the innocence of a Muslim until proven otherwise. If he is acquitted legally, then diyah and kaffarah become obligatory upon him, between him and Allah, if he indeed committed the error. The function of courts is to resolve disputes and to acquit when there is insufficient evidence. The jurisprudential rule "the direct perpetrator is liable even if not an aggressor" applies to accidental offenses, not to what cannot be guarded against.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
68290
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy