Wednesday, 29 April 2026 (12 Dhuʻl-Qiʻdah 1447 AH)
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[Two cars collide, and one of the drivers is in violation of the traffic law]

Fatwa No: 24123
Date: 2026/04/27
Answered by: System Fatwa Committee
Views: 0

Question: The owner of a car was driving in his lane at normal speed. Then another car came speeding and crashed into the side of the first car. It is known that this second car was at fault in entering the lane, both according to customary practice and according to traffic law. What is required of the owner of the first car regarding the death and injuries that occurred in the second car?

The answer – and Allah is the One who grants success – is that what appears – and Allah knows best – is that nothing is upon the owner of the first car: no blood-money and no expiation. Whatever has occurred of that is upon the driver of the second car: the blood-money and compensations (arsh) are required of him, because he is the transgressor, and he is the one who crashed his car into the side of the first car, so he is liable for those who died with him. As for him, if he dies in the accident, his blood is disregarded, because he is the one who killed himself.
If it is said: The same should apply to pedestrians when they enter the roadway of cars and are hit.
We say: There is a difference between the two cases in people’s customary understanding and in traffic law. The well-known traffic regulations among drivers of cars in general require drivers to take account of pedestrians in all lanes and to protect them. At the same time, the customary and legal rule among drivers is that it is forbidden for a driver to block the road of another car with his vehicle or to drive in that car’s lane.

Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2