Channel: Yasir Qadhi
A brother from a European land rights on behalf of his wife who wishes to remain anonymous, as you will understand why. And he tells us the tragic story of her incident of his wife being involved in a traffic accident that caused an accidental death, that while she was driving the car, a young child, you know, ran onto the street, and she couldn't stop the car in time, which resulted in the tragic demise of the child. So the husband emails, and he is saying that obviously his wife is completely distraught for the last few months, even though the police have ruled that it's not her fault. But she's under a lot of emotional stress. And they're both asking that what is to be done
islamically she knows there's some penalty. And also she's saying that the laws of that particular European country because it was neither parties fault. So the families are being kept, their identities are being hidden from each other. So she wants me to know that or they both one would want to know that they don't have any direct contact with the family of the deceased child.
in Region, no, he him first.
Now, this is a very difficult question. May Allah make it easy for you, there's no doubt that this is a test from Allah subhanho wa Taala. And even if it's not, you know, your fault, obviously, you know, obviously, as you your email says you're undergoing stress and emotional strain, which is completely understandable and innocent child's life, you know, is no longer you know, it's it's now gone. But you must understand that it is a less cluttered and you are not guilty in the eyes of Allah subhanho wa Taala. You're not liable for sin. It's not your fault as the courts ruled that it's not your fault if the child ran onto the street and you know, you accidentally hit the child.
Nonetheless, the shehryar has some types of cuff Arata exposures that are done, not because you are sinful, you are not sinful, because you did not intentionally cause the death of the child. Nonetheless, the Shetty has a number of things that that must be done when a person's life is taken. Now, we're going to talk specifically about this incident, you should be aware, take a step back here, you should be aware that our shed er has very detailed laws. And to be very simplistic, there are three scenarios or three types of debts that the surety has. The first is murder, which is when a person obviously intentionally kills another person that has a whole set of laws. And of course,
the ultimate penalty is a sauce or a life for our life. And in the Islamic lens. The second is voluntary manslaughter. This is [???]head armed. And what this means is that you didn't intend to kill, but you intended to cause harm. And that went to the level of death, right? So to do something with the intent to harm but not to kill, but then it causes death. That is a separate category. We're not talking about that. Okay, the third category, which is basically a hot hot with the mistake or the technical term, involuntary manslaughter. So these are the three main categories. We are not discussing murder, we are not discussing voluntary manslaughter, those have different laws
in the Shetty. We're talking about involuntary manslaughter. And for the purposes of this question, we are assuming two things. Firstly, that the person who died in this case the child obviously is the case. But suppose it was an adult that that person did not intentionally commit to take his own life. So it is it happens sometimes we see closer a fuse that a person wants to commit suicide, and they then jump into the moving truck, they jump into the road, knowing that is going to cause their death. That is a separate issue altogether. When a person intentionally does that, and you're the driver that has a separate ruling. We're not talking about that. We're also not talking about a
reckless driver. If a person is driving recklessly to the point of endangerment, than in reality, many Islamic courts have ruled that that person is in category two, which is voluntary manslaughter, if you're driving 70 miles an hour, you know, or 70 kilometres an hour in a 35 mile zone or 35 mile killer kilometer zone, right? If you're driving, you know, at highway speed in a residential neighborhood, knowing what you're doing, right you're not you know, you're not like having heart attack or something. You're conscious that you know you're being reckless in a safe neighborhood, then this does not apply the third category, which is involuntary manslaughter, and you yourself
have told me that the police have ruled that in this case, your wife is absolutely innocent, that it's not something that she caused. No. Again, we're talking about rape
Plus driving, there's a gray area, if the speed limit is 30, and you're going 30 to 33, this is not reckless driving, you shouldn't do that. But that's not reckless driving. We're talking about something that everybody knows that this is dangerous, what you are doing, it goes against the protocols and the norms of safety, and it is reckless, in which case, you're not going to be considered category three, this is category two, which is voluntary manslaughter, because the way you're driving, you are going to cause somebody's death you can't be driving a highway speeds, you know, in the neighborhood, for example. So with those caveats, because again, a lot of people listen
and we have to be clear people understand this question is really related to absolutely involuntary manslaughter. A person is innocently going around his day or life or something, and then accidentally No, nothing reckless, no, nothing intentional. You know, if somebody dies as a result of your actions, now, you are not sinful, you're not going to be punished because you didn't do something that that's at fault, but nonetheless, the [???]ty I has kuthodaw the [???]ty I has a way to cleanse your own conscience and to make society peaceful. And Allah says in the Quran, this is in the Quran. Look it up sooner than newsa verse 92. Allah says, one that kind of meaning and meaning
in law, it is not possible for a believing Muslim to murder another Muslim but accidentally Yes, it might happen what am I kind it's not possible a mote Minh cannot be a murderer a lasers that are mcminn because obviously that's the higher level you can't have a man in a law at the higher level and then murder somebody but in law if you make a mistake, then yes, of course that is possible. So Allah azza wa jal says yes it is possible for you to be a good believer a good moment and then make a mistake and accident haha. Then Allah says, woman quarterly men and hottel and whoever kills a believer accidentally fatality rural poverty minute in where do Tomasello mathrani la de la Sadako,
then they must do two things. And that is that they weren't to free a slave in the days that there were slaves are going to free a slave. And then they're going to give a deal, which is a type of it's called blood money, a type of penalty that is given and the penalty doesn't mean you're sinful. It is still a penalty for just a societal safety college right? It's not a penalty, that means you have done something wrong, you didn't do anything wrong if somebody ran into the street and they weren't supposed to be there and you're going at your speed. Nonetheless, the [???]ty AI has a dia which is meant to keep civil order it is meant to make the other family feel a sense of you know,
closure, whatever closure is possible. Obviously complete closure is from Allah subhanho wa Taala. What do you sell number two Nila Ali, and you're going to give that dear, which is the blood money to the family or the inheritors of the person that was accidentally killed in your Sadako except if they decide they don't want to they can give it back to you. They have the option say no, we don't want your money, you know, you can keep it and then Allah xojo says in case the person whom you killed accidentally, there's no relations between the two tribes are not in any communication, then in this case, you don't have to give that money and if there is connections between the two of you,
then you must do both the money and the freeing of the slave and familia Majid whoever cannot free a slave. Then what must they do for Surya Moshe Rainey Matata, beanie, Tolbert Amina law, then there's going to be two consecutive months of fasting as a Toba as a cleansing in front of Allah subhana wa Tada. And indeed, Allah is ideal, and Allah is hacking. So two things are mentioned number one, financial penalty, and number two, the freeing of a slave and in case you cannot free a slave fasting two months now, we will discuss both of these issues. The first thing is the financial penalty, the financial penalty, the idea for the accidental death. The idea has come with the price
of 100. Campbell's generally Now again, there's some technicalities about other issues, which we're not going to get into now, I'm just talking generics here. And your email didn't give me all the specifics of the case. So I will speak in generics so that people are educated and know, but I asked you, in your particular case, to go to your local sharecare scholar and explain all the details so that that person can then quiz you about more realities. I'm speaking, generic response here, that the general default is that it is 100 camels. There are exceptions, depending on other factors beyond the scope of our beyond the scope of our talk, right here. Now, the issue comes that the
shediac came obviously that was revealed at a time when camels were the norm of society. What do we do in our times? Do we maintain the price of 100 camels? Or do we find a reasonable equivalent for our time and our place, okay, and that's
Were a little bit of you know, he had his taking place. Because see, let's be honest here the questioner is, is writing to me from a European land for up north. Right. Let me just give an example not from the question. Let's say let's say the question is from Finland, right? To the best of my knowledge, Finland does not have hundreds and 1000s of camels. Whereas Arabia has, of course, hundreds and millions of camels, and it is still very common to, you know, go to the bazaar, those special bazaars of the camels and whatnot and purchase a camel, the price of a camel in Finland, will be exorbitantly higher because of the scarcity of the commodity, because it's a very, very
exotic animal. So do we take the price of 100 Campbell's in Finland in our in our hypothetical example? Or do we reasonably guesstimate what it might be? And of course, you probably know by now, where I'm going to be heading with this. And that is that this is actually the position of the majority of Muslim lands. And again, we have this always we have this tension between those that just study one textbook or a little bit, and then they think this is it, and then those that are actually on the scene and doing that the majority of Muslim countries that have Islamic Courts in their systems, the majority of Muslim lands have estimated what is the equivalent of 100 camels, the
price that would have been back in the time of the Prophet system, what is a reasonable equivalent in their lands? So for example, the fatwa Council of Egypt and the Grand Mufti of Egypt, in Egypt, they have estimated this to be 35.7 kilograms of silver, and they calculated out in Jordan, they have equivalent equivalent it to be sorry, they have made it the equivalent to be around 20,000 Jordanian dinars. Okay, from their perspective, it is, you know, that's what they think is a reasonable amount. In Saudi Arabia, they have just said roughly around 400,000 reals, which is a little bit over 100,000 US dollars equivalent, right? So in every country, they're trying to
estimate, what is that amount that the Shetty intended? Because the reality is if you calculate the price of a camel in Finland, right, and then you multiply that by 100, you're talking about millions of dollars, maybe maybe the price of a camel, maybe in Finland, I'm just saying I don't know, is maybe $100,000, or maybe $50,000. Right. So then you're going to multiply that by 100, you know, and say, you know, half a million or 5 million, let's say, That's not the Sherry, as you know, point that you put a number that is astronomical, because of the price of the camel. So there's a bit of common sense involved. And this is where pragmatics comes into place here. Now, I don't know, you
know, what would be an equivalent in your particular land. So what I advise you to do is one of two things either you find a local chef who understands, you know, our classical fifth and also understands the modern realities of the world. And you ask that shape of your land, what is the equivalent price that would be the reality of what, you know
100 Campbell's would be or you can take the fatwa of the Egyptian dollar lifter, and the Grand Mufti of Egypt, because they have calculated the price of a camel in silver in the time of the Prophet sallallahu alayhi wa sallam, which is 120 silver Durham's, and that they multiply that by 100. So that makes it 12,000 silver Durham's and then they have said that a silver Dirham is roughly 2.975 grams of silver. And so when you do all of the math, you actually end up with 330 5.7 kilograms exactly of silver. So they've calculated that in the time of the Prophet of the law while he was selling them, you know, the price of a camel multiply by 100 and find the silver equivalent, right?
They didn't do that with the gold because the gold equivalent, the in the time of the Prophet is a little longer. So I'm just FYI, a camel was around 10 gold coins, around 120 silver coins, this was the equivalent, one gold coin was roughly equivalent to 12 silver coins. This is the time of the Prophet sallallahu alayhi wa sallam, obviously, in our times, right? The Golden silver ratio has gone completely haywire. And you know, one gold coin might be equivalent to maybe 50 times what it was at the time of the Prophet sallallahu alayhi wasallam. And obviously, the price therefore is very different. So the if the Council of Egypt has been a bit pragmatic in this and they've made the
price links to silver, and I don't have any problem to make this universal because they're basing it on the price at the time of the Prophet sallallahu alayhi wasallam and they have calculated to be as we said, 35.7 kilograms right. So make sure you do the equivalent wherever your units of measurement are, calculate if you do not find a local share, that knows and can estimate according to his own understanding, you may resort to this federal law, which is a good estimate and figure out how much that is going to be the price of silver, the day that the accident occurred, the price of silver and you calculate 35.7 kilograms of silver and you know
Then you will see if you can contact the family now you brought in another problem or issue and that is that the laws of your country, for we understand why and because it's nobody's fault, they don't want the families to know each other, because it would bring, obviously awkwardness and maybe tension. So the government has basically separated the identities of boats are, neither the family of the child knows who you are, nor do you know, the family of the child. And I understand the wisdom of the government in this regard. All I can say is that find out if you're able to send a message through a third source, a third party and say that we would like to give to this amount, we
know it's not going to do anything, we just want to, you know, do whatever we can, and whatever you might say in his name, you know, do whatever, you know, language needs to be used, they don't need to know DHEA, they don't need to know blood money, but still try your best to communicate to them via a third party, not directly, because obviously, the law doesn't want you to do that. And if you're able to, and they accept the money Hamdulillah, by the way, as well.
If you're not able to pay this money on your own, then the shady actually, some would say obliges, depending on which method you follow, some would say obliges your extended family to chip in. And this is a really interesting concept that the majority of Muslims haven't, you know, been taught or studied because we don't apply it anymore. There's something called the pillar. And the pillar is the extended family or the extended tribe, where in these types of cases where the fee is exorbitant, and it involves an accidental manslaughter that the extended family is expected to chip in. And if the person really cannot afford, they may even chip in from their pocket money. In this
case, you're allowed to give Zakat money because it's a loan due for a legitimate reason. Again, all of this is if you cannot afford, if you can't afford then you give if you cannot afford then this is a right that is due to the family of the deceased. So you will get the money from your extended relatives, you know, even a cousin and a second cousin, and you say this is how much we have to gather, you know, please help out in this fund. And this is an Islamic obligation for the entire extended family to come together and chip in whatever amount that is reasonable for them and they can expect a large reward and if they don't have the money, they can even give Zakat funds for this
thing. So you offer your money to this family suppose you cannot contact them or they get the offer and they say thanks but no thanks and you know, we don't want the money then you are scot free when it comes to the financial obligation you made the offer or you tried to make the offer you couldn't find the family or they turned it down. You're scot free in and you're Sadako there or as the law says if there is no treaty between you and that tribe So Allah is saying if you don't have any contact with the other tribe and he said you know accidental killing, then Okay, you don't have any contact What are you going to do? You don't have to give it to a third party you do not have to give
it to charity, this money is due to the family of the deceased if the family turn it back or if the family are not in contact then it is not due to any third party j yet. Okay. Now we move on to the next issue which is the the two months fasting so Allah says, cm Lucia harini, Buta Tabby, ie, okay. So the money aspect is to somehow ease some of the burden on the family. And you know, the reality is that any of course, nothing can replace a loved one, nothing. But everybody benefits from a large amount of money that comes in instantaneously. And that's why in all over the world when there's an accidental death, right, and it's caused by a third party, a trucking company or something, they go
to the court and the court awards a monetary money, why it's not that you know, the money is going to bring the person back, but it's human nature, that a large amount of money, it kind of makes life a little bit easier, eases some of the tensions and nothing will replace nothing will replace the loss but Allah has created a stat these other things kind of ease it and this wisdom of the finances now how about the wisdom of the conscience of the one who has caused the accidental death, our brother emails and of course as always, all of my emails, I shortened what I read to you. He explains in some detail, that obviously his wife is very troubled she's not eating normally. You
know, she's under somewhat depression for months now her life has been shattered even though she's not at fault obviously. And Subhanallah this shows us you know, the, the purity of your wife that the goodness of her so that she feels, you know, a conscience pangs even though she is not guilty and she doesn't have to be feel conscience pangs but it is human nature. It is human nature. When you cause somebody you know, accidental death, may Allah protect us, may Allah protect us. We don't want any of us to be involved in that but some of us are tested in this matter. It's human nature that we feel something and you know, you're describing that obviously she's having trouble sleeping,
etc, etc. Now here is where the second wisdom comes in. And I remember I dealt with the case