Is the death of a passenger considered accidental killing, and is the driver held accountable if the accident was caused by a speeding car coming from a main road, especially since the passenger's death resulted from pre-existing conditions that prevented doctors from controlling the bleeding?
Whoever violates traffic laws and collides with another car, causing the death of one of its passengers, is considered to have committed an error. Their killing is an accidental killing, for which the blood money (diyya) is due from the 'aqila (male kin on the father's side), and expiation (kaffara) is due from the driver. There is no sin upon one who sought to assist the guard, because error is forgiven and lifted from this Ummah, as indicated by texts from the Quran and , such as His — Exalted be He — saying: "And there is no blame upon you for that in which you have erred, but [only for] what your hearts intended" (Quran 33:5), and the Prophet's — peace and blessings be upon him — saying: "Indeed, Allah has overlooked for my Ummah their mistakes, their forgetfulness, and what they are coerced into."
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