Ruling on one who drove a car and a person fell out of it and died
Machine translationRead the Arabic original
The listener Hasan Bilal Ahmad sent a message containing a question that filled a full page. The summary of this question is that he is a car driver and a group of passengers rode with him. One of them was near the entrance and exit door. At that time, the car entered difficult areas and fell into one of the pits. Consequently, the passenger fell out of the car and landed on his neck and died. The driver came to look for his identity but did not find it. He came to look for his name but did not find it. At that time, he was perplexed about how to handle the matter. May Allah reward you with good?
Answer: This concerns the court, the court and the government departments related to this matter; so that he is directed to what is obligatory regarding his case, .... the funeral is known, and those entitled to the blood money are known. He owes an expiation if he was negligent in the matter; because he has to avoid pits, examine the road, and stay away from dangers. If he was negligent in this, he is liable, just as he is liable if he drove at an excessive speed, or was negligent in another matter regarding expiations, and regarding what concerns stopping the car with the brakes, and the like of that.
The point is that if there was negligence on his part; he is obligated to pay the expiation, and the blood money is on the residuary male heirs, on the family estate. But this concerns the court, the court looks into it through the traffic officers, and what they establish against him if he denies something, and they determine the condition of the deceased, and they inquire about him through the means that enable them to know his nationality, and his family. Yes.
The presenter: May Allah reward you with good, he says: I believe that the reason for his fall was that he was at a high level of intoxication, as was medically established. Is the ruling the same in that case?
The Shaykh: This is great negligence. If he was intoxicated, he is liable; because it is not permissible for him to walk in the car, and drive the car while intoxicated.
The presenter: It is not the driver who is intoxicated, the passenger is the one who is intoxicated?
The Shaykh: Yes.
The presenter: Yes.
The Shaykh: This is problematic, this is a matter for consideration that requires the court's review; because the driver may have been negligent in not securing the door, and it may be that this intoxicated person is the one who opened the door, and it may be that this is a matter for consideration that requires the court's attention, and verification of the matter. Yes.
The presenter: May Allah reward you with good, so we move on from this topic?
The Shaykh: Yes, yes.
The presenter: May Allah reward you with good, you advise our brother to consult the court so that his conscience is cleared.
The Shaykh: Yes, this is what we see, he should consult the court so that the court carries out the Sharia procedures. Yes.
The presenter: May Allah reward you with good.
Answer: This concerns the court, the court and the government departments related to this matter; so that he is directed to what is obligatory regarding his case, .... the funeral is known, and those entitled to the blood money are known. He owes an expiation if he was negligent in the matter; because he has to avoid pits, examine the road, and stay away from dangers. If he was negligent in this, he is liable, just as he is liable if he drove at an excessive speed, or was negligent in another matter regarding expiations, and regarding what concerns stopping the car with the brakes, and the like of that.
The point is that if there was negligence on his part; he is obligated to pay the expiation, and the blood money is on the residuary male heirs, on the family estate. But this concerns the court, the court looks into it through the traffic officers, and what they establish against him if he denies something, and they determine the condition of the deceased, and they inquire about him through the means that enable them to know his nationality, and his family. Yes.
The presenter: May Allah reward you with good, he says: I believe that the reason for his fall was that he was at a high level of intoxication, as was medically established. Is the ruling the same in that case?
The Shaykh: This is great negligence. If he was intoxicated, he is liable; because it is not permissible for him to walk in the car, and drive the car while intoxicated.
The presenter: It is not the driver who is intoxicated, the passenger is the one who is intoxicated?
The Shaykh: Yes.
The presenter: Yes.
The Shaykh: This is problematic, this is a matter for consideration that requires the court's review; because the driver may have been negligent in not securing the door, and it may be that this intoxicated person is the one who opened the door, and it may be that this is a matter for consideration that requires the court's attention, and verification of the matter. Yes.
The presenter: May Allah reward you with good, so we move on from this topic?
The Shaykh: Yes, yes.
The presenter: May Allah reward you with good, you advise our brother to consult the court so that his conscience is cleared.
The Shaykh: Yes, this is what we see, he should consult the court so that the court carries out the Sharia procedures. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
