Who bears the responsibility for accidental killing in the case of a quarrel between two people that leads to one of them being run over by a car while fleeing from the other?
In this case, the liability falls upon the owner of the car because he is the direct actor (al-mubashir), and the jurisprudential principle states: "If the direct actor and the cause (al-mutasabbib) coincide, the ruling is attributed to the direct actor." Unless the car owner was unable to avoid the accident due to a surprise or something similar, then there is no liability upon him, and the jurisprudential principle states: "That which cannot be guarded against entails no liability." And whoever does what is permissible for him without transgression or negligence, and harm arises from that, then there is no liability upon him. In this case, the liability falls upon the causer - the owner of the knife - due to the impact of his causing the killing.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 125484
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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