Car Accident Liability

Fatwa ID: 03486

Answered by: Maulana Moinul Abu Hamza​

Question

 

Baseer burrowed Suhaib's car keys to check out his car. Suhaib upon giving the keys, tells Baseer not to turn the car on. Baseer takes the keys and gives them to Qasim telling him that I'm getting my shoes and coming downstairs. When Baseer comes to the car he finds Qasim sitting in the driver seat and Basit, a third person, sitting on the passenger side thus Baseer sits in the back seat. Qasim takes them for a ride and gets into an accident.

Who is responsible?

The car belongs to Suhaib who is 32 years old. The keys were given to Baseer, an 18-year-old, whilst being told not to start the car. The car was driven and involved in an accident by 22-year-old Qasim. Both were accompanied by Basit who is 20 years old.

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

 

Based on the Islamic legal maxim, Qasim is liable to Baseer and Baseer is liable to Suhaib.

If Baseer does not pay Suhaib then Baseer is accountable with Allah (SWT) and if Qasim does not pay Baseer then Qasim also is accountable to Allah. [1]

 

Only Allah knows best

Answered by Maulana Moinul Abu Hamza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

[1] “When the Mutasabbib (indirect cause) and Mubaashir (direct cause) are gathered, the Hukm will be attributed to the Mubaashir (direct cause).”

 

إِذا اجتَمَعَ المُباشِرُ وَالمُتَسَبِّبُ يُضافُ الحُكمُ إِلَى المُباشِرِ

 

 

 

 

 

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