Fatwa ID: 05355
Answered by: Mufti Muhammad Adnan
Question
I have a question which I shall be highly thankful if you can please answer it.
A few months ago, I along with my Wife and Daughter were going on a Bike. While taking a U-turn on Road, a Bike hit us. I sustained injuries and so did my wife and daughter and the other person who hit us. However, my wife could not survive injuries and died.
Now about the accident, as per the witnesses on the road, the other guy was at a high speed on a link road and because of the speed, he could not handle his bike when we came in front of him. As for me, I did look at the road while taking a U-turn and could not see anything as long as my eyes could see. However, my mistake was that I did not properly stop on U-turn and I believe I could have averted the accident if I had stopped the bike and see the road entirely till the end. So I believe that maybe I was also at fault, I could have averted this accident by being more careful.
Now my question is that, do I have to pay the Diyyat for my wife’s death, and if yes then to whom as it is to be paid to heirs? Who would be her heir besides me? Also if I need to offer expiation as well? My wife died because of the mistakes of the Biker and possibly me as well.
In the name of Allah, the Most Gracious, the Most Merciful
Answer
There are 5 types of qatl (murder). The scenario mentioned above would not come under any of them. The closest any of the types of murder would come is ‘Qatl bis sabbab’. Qatl bis sabab is regarded as gross negligence whereas your scenario would be regarded as accidental.
There is no expiation(kaffaarah) either. Make dua for her and keep her memory alive by constantly doing good deeds on her behalf and doing good deeds and conveying the reward to her. May Allah Ta’ala give you patience and give her the highest rank in Jannah. Ameen.(Qudooori, Kitaabul Jinaayaat, Kitaabul Diyyat)
Only Allah Knows Best
Written by Mufti Muhammad Adnan
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
