Back to search
The question

Is it not true that if the defendant is proven in court to be responsible for the collision, the blood money (diyyah) is determined in accordance with the principle "the direct perpetrator is liable," and the defendant's claim that he could not have taken precautions or that the victim threw himself is merely a claim upon which he bears the burden of proof, this being in relation to Fatwa No. 63908 which states, "Blood money or expiation for killing is not determined merely by suspicion"?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the principle of the innocence of Muslims from violations is established until proven otherwise, then a mere collision does not make the driver a claimant, because a claimant is one whose argument lacks a basis or custom, while the defendant is one for whom custom or a basis bears witness. Therefore, the injured party is the claimant, and he must prove what contradicts the original principle of the driver's innocence.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
68529
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy