What is the ruling on taking the blood money for accidental killing from insurance?
Machine translationRead the Arabic original
The questioner : There is another question, O Shaykh, may Allah reward you. Regarding insurance, now our brothers, the family of the deceased, might resort to insurance after they know the hadiths, and take the blood money from them, which is in the law that they pay approximately five thousand dinars. Do they have any obligation in taking this blood money? And likewise?
The Shaykh : Are we insured?
The questioner : Yes?
The Shaykh : Are we insured?
The questioner : Without a doubt, they do not give you a license without insurance, O Shaykh.
Another questioner : Against third parties.
The questioner : Against third parties.
Another questioner : This, O our Shaykh, is a right of the...
The Shaykh : How?
The questioner : A right for you.
The Shaykh : How do you mean?
The questioner : Legally, I mean.
Another questioner : A right for you, I mean, established, the insurance is against third parties.
The questioner : O our Shaykh, what we know by the law is that when an accident like this happens, a killing, there is blood money paid by the perpetrator. In this case, the insurance becomes the one who pays, either partially or fully. If, I mean, a group of people took this amount, would they be held accountable religiously? And do you have any obligation religiously, I mean, since this happened to you?
The Shaykh : This returns to the one taking it, I mean the guardian of the child, regarding personal conviction. And this conviction may be derived, for example, from desire, in which case it is not permissible. And if it is derived from the opinion of the people of opinion on the matter, that this person deserves to take this blood money for the killed person, then it is permissible for him to take it.
The questioner: Yes.
The Shaykh : As for the second part of your question, whether I... the ruling or the answer to this ruling returns to what you started the question with. If I was at fault, then he has the right, otherwise he has no right.
The questioner : Is there a criterion for this rule, O Shaykh, as to when to pay and when not to pay, in a way clearer than what you mentioned?
The Shaykh : No, the clarity is, let us give an example, I mean, clearer than this accident. If a man is driving a car and a person who has despaired of life and wanted to commit suicide left this passing car and threw himself, this image is one of the clearest images that clarifies that the driver is not responsible. Then after this image or this example, without a doubt, there are ranks and degrees until you reach a case that involves probability and doubt. When there is doubt, the rule in Islam is knownSunan an-Nasa'i 5711Sahih (Darussalam) And this ruling in our case includes the one who killed by mistake and the family of the one killed by mistake, meaning each of these people must be cautious regarding their religion.
The questioner: Yes.
The Shaykh : If there is doubt. But if the ruling is not clear, our conversation today is most like the first example in which no two people differ, because we were walking at a very normal pace, when this boy jumped from...
The questioner : The island.
The Shaykh : The island, yes, and the incident occurred. As for the mistake where it can only be said that the killed person was not the cause of his killing by another means, like a man, for example, a hunter who goes out to hunt in the open wilderness, he shoots at a bird, then the bullet goes and hits a man in his farm, for example, by mistake, because this farmer did not engage in a cause that would result in his being killed.
The questioner : In his farm.
The Shaykh : In his farm, yes, and it is an example in his farm, in his house, in his lake, in his street, the important thing is that he had not engaged in a cause that would result in his being killed due to this shooting. So this is what can regulate this matter. Now, since some people advise us to hasten to go to the family, should we pray?
The questioner : In the name of Allah, O Shaykh.
The Shaykh : O Allah, in the name of Allah.
The questioner : Tomorrow, if Allah wills, in the same farm, tomorrow, if Allah wills.
The Shaykh : Are we insured?
The questioner : Yes?
The Shaykh : Are we insured?
The questioner : Without a doubt, they do not give you a license without insurance, O Shaykh.
Another questioner : Against third parties.
The questioner : Against third parties.
Another questioner : This, O our Shaykh, is a right of the...
The Shaykh : How?
The questioner : A right for you.
The Shaykh : How do you mean?
The questioner : Legally, I mean.
Another questioner : A right for you, I mean, established, the insurance is against third parties.
The questioner : O our Shaykh, what we know by the law is that when an accident like this happens, a killing, there is blood money paid by the perpetrator. In this case, the insurance becomes the one who pays, either partially or fully. If, I mean, a group of people took this amount, would they be held accountable religiously? And do you have any obligation religiously, I mean, since this happened to you?
The Shaykh : This returns to the one taking it, I mean the guardian of the child, regarding personal conviction. And this conviction may be derived, for example, from desire, in which case it is not permissible. And if it is derived from the opinion of the people of opinion on the matter, that this person deserves to take this blood money for the killed person, then it is permissible for him to take it.
The questioner: Yes.
The Shaykh : As for the second part of your question, whether I... the ruling or the answer to this ruling returns to what you started the question with. If I was at fault, then he has the right, otherwise he has no right.
The questioner : Is there a criterion for this rule, O Shaykh, as to when to pay and when not to pay, in a way clearer than what you mentioned?
The Shaykh : No, the clarity is, let us give an example, I mean, clearer than this accident. If a man is driving a car and a person who has despaired of life and wanted to commit suicide left this passing car and threw himself, this image is one of the clearest images that clarifies that the driver is not responsible. Then after this image or this example, without a doubt, there are ranks and degrees until you reach a case that involves probability and doubt. When there is doubt, the rule in Islam is known
Leave that which makes you doubt for that which does not make you doubt
دَعْ ما يريبك الى ما يريبكThe questioner: Yes.
The Shaykh : If there is doubt. But if the ruling is not clear, our conversation today is most like the first example in which no two people differ, because we were walking at a very normal pace, when this boy jumped from...
The questioner : The island.
The Shaykh : The island, yes, and the incident occurred. As for the mistake where it can only be said that the killed person was not the cause of his killing by another means, like a man, for example, a hunter who goes out to hunt in the open wilderness, he shoots at a bird, then the bullet goes and hits a man in his farm, for example, by mistake, because this farmer did not engage in a cause that would result in his being killed.
The questioner : In his farm.
The Shaykh : In his farm, yes, and it is an example in his farm, in his house, in his lake, in his street, the important thing is that he had not engaged in a cause that would result in his being killed due to this shooting. So this is what can regulate this matter. Now, since some people advise us to hasten to go to the family, should we pray?
The questioner : In the name of Allah, O Shaykh.
The Shaykh : O Allah, in the name of Allah.
The questioner : Tomorrow, if Allah wills, in the same farm, tomorrow, if Allah wills.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.