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"?
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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- Ftawy
- Original fatwa ID
- 68290
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy