What must the driver do to be absolved before Allah from hitting a child, which led to the child sustaining a kidney hemorrhage, knowing that he does not know whether the fault was his or the child's? And is it permissible for the child's guardian to refuse to accept the blood money (diyyah) if it is obligatory, or is it a right of the child that his guardian is not permitted to waive?
The answer summarizes the responsibility of the driver when running over a child. If there was negligence on the part of the driver, such as lack of attention or driving at excessive speed, he bears half of the blood money (diyyah), because humans have two kidneys, and for each kidney there is half the blood money. The blood money for the two kidneys together is thus represented. However, if there was no negligence, such as the child appearing suddenly in an unavoidable manner, the driver bears no liability.
It also clarified that the blood money for limbs is only due to the victim, and the child's guardian does not have the right to waive it, because a child's waiver is invalid. If the child is not an adult, the waiver of blood money is not valid, and no one is permitted to waive the right of a minor or an insane person, because this right is a personal acquisition for them.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 21293
- 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.
- Read the full ruling
- Read the full answer on Ftawy