What is the religious ruling on recurrent train run-over accidents, which the driver finds difficult to avoid, and which lead to fatalities for which the driver is unable to pay the blood money (diyah) or fast?
It is not possible to determine a single ruling for all train accidents. Rather, the rulings of Islamic criminal law apply to them. The driver is responsible for damages except in certain specific cases, the most important of which are:
1. An accident resulting from an irresistible force beyond his control.
2. An accident due to the action of the injured party himself, which strongly influenced the outcome (such as suicide).
3. An accident due to the error or transgression of another party.
If both the driver and the injured party share in causing the damage, each bears the consequence for the harm that befell the other.
If the driver's responsibility is established, he is liable for the blood money (diyyah) to be paid by his 'aqilah (male relatives on the father's side) or from the public treasury (Bayt al-Mal), and for expiation (), which is freeing a slave or fasting for two consecutive months.
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.
- Read the full ruling
- Read the full answer on Ftawy