What is required of the driver and the bus owner in terms of blood money (diyyat), compensation for injuries (arush), expiation (kaffarah), treatment costs, bus repair, and the driver's treatment, as a result of a bus rollover accident that caused two deaths and a number of injuries?
The general rule is that if a bus driver is driving normally and expertly, and has not been negligent, then there is no sin upon him. However, if he is inexperienced, or has neglected safety measures, or felt drowsy and continued driving, then he is held accountable, and the responsibility falls upon him as the direct perpetrator, not on the bus owner.
It has been stated in the research of the Council of Senior Scholars that the driver is not liable for blood money (diyyah) or compensation if he maintained his vehicle before driving, and then a sudden malfunction occurred, and he adhered to regulations regarding speed and his route, and was overwhelmed by the situation. However, if the driver was negligent in maintaining the vehicle, or exceeded the speed limit, or the load capacity, then he is liable for any harm that befalls lives or property.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy