Q: My parents, wife, and my children and I were driving along the road to
When we drew near
the village of Zhalam,
we had the intention to perform the `Isha' (Night) Prayer there. I think I was driving at about 100 kilometers when I had the accident and Allah knows best. I guess that if I had been driving faster, the car would have overturned. I fainted while driving and lost control of the car. When I regained consciousness, I found the car in the direction of
father died in that accident. (Part No. 21; Page No. 233) Allah (Exalted be He)
saved the other members of the family. The roof of the car was removed and the traffic police did not investigate the accident because of negligence. Accordingly, no one declared me as guilty. Also, none of my father's heirs asked for Diyah (blood money); either out of ignorance or out of pardon, and Allah knows best. It is worth mentioning that I observed Sawm (Fast) for two successive months. Is it obligatory for me to pay the Diyah for the death of my father? Please note
that my father left a wife, three daughters, me (the car driver), a brother, and two sisters. What is the share of each of them of the Diyah in riyals?
Also, my father had a property consisting of a real estate and some farms. Am I totally excluded from inheritance? If I am totally excluded from inheritance, would my father's brother and two sisters receive a share of the inheritance along with the other heirs? In addition, my mother died some years after the accident and I had not given her a share of the Diyah out of my ignorance of the ruling on this matter. What should I do now? Should I distribute it among her heirs or among the poor as Sadaqah (voluntary charity)? Shall I inherit her or will I be totally excluded from her inheritance as well? Please give me a Fatwa (legal opinion issued by a qualified Muslim scholar) regarding these questions. May Allah grant you the best reward and make Jannah (Paradise) your eternal abode!
if the reality is as you mentioned, you have to pay the Diyah and offer the Kaffarah (expiation) for manslaughter. If an heir who is of legal age waives their share of the Diyah, this right is dropped. (Part No. 21; Page No. 234)
the Diyah is given to the heirs of the deceased. If there are no other heirs of your father except those mentioned above, the wife will receive one-eighth of the Diyah and the inheritance and the three daughters will receive two-thirds of the Diyah and the inheritance and the brother and the two sisters will receive the remaining part of the Diyah and the inheritance by giving the male twice the share of the female, after repaying the debts of the deceased and executing his legal will if he had made a will. The one who caused the father's death, does not receive any share of the Diyah or the inheritance.
your mother's share of the Diyah and the property she has left as inheritance should be distributed among her heirs after repaying her debts and executing her legal will. It is worth mentioning that you are one of her heirs.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.