Category: Jurisprudence and Rulings (Fiqh)
Fatwa#: 39823
Asked Country: United Arab Emirates

Answered Date: Mar 13,2018

Title: Suing for Personal Injury

Question

Assalamu alaikum warahamatullahi wabarakatuhu,

Dear Mufti sab,

One of my friend had accident in one of the adventures game due to irresponsible act of the employee who didn't check the safety measures. Due to this he had health &  financial loss. Even company had came forward to pay the loss & even he had an option to sue the company. Since it is not with the intention & due to human error he didn't sue the company but he is going to get the money for the medical expense & financial expense as they agreed with him. 

Here the question is, Is it allowed in shariah to sue company for the above reason?

Regards,

Irshad Hussain.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

If one is injured due to a company’s negligence and the company agrees to cover medical expenses, one may accept the money from the company. If the company refuses to cover medical expenses, one may seek compensation through any legal means available.[1] 

 

And Allah Ta‘ālā Knows Best.

Lutfi Alam

Student, Darul Iftaa

New York, USA

Checked and Approved by:
Mufti Ebrahim Desai.

 



[1]

الهداية في شرح بداية المبتدي (٣/١٩١)

فصل: "والصلح جائز عن دعوى الأموال" ...

قال: "ويصح عن جناية العمد والخطأ"

كنز الدقائق (ص: ٦٣٧)

باب القصاص فيما دون النّفس

(ص: ٦٣٩)

فصلٌ في الصلح في الجنايات وغيره

وإن صولح على مالٍ وجب حالًّا وسقط القود

بحوث في قضايا فقهية معاصرة (ص: ٣١٢)

الأصل: أن سائق السيارة مسؤول عن كل ما يحدث بسيارته خلال تسييره إياها، وذلك لأن السيارة آلة في يده، وهو يقدر على ضبطها، فكل ما ينشأ عن السيارة، فإنه مسؤول عنه.

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