Q: Please give us a Fatwa (legal opinion issued by a qualified Muslim scholar) regarding two of my relatives; one of whom has died and the other is still alive. These two people committed a crime when they were in
on 29 Shawwal, 1385 A.H. They were driving their car when a man suddenly passed in front of the car. (Part No. 21; Page No. 235) The person driving the car could not control it, and he hit that man. He, then, stopped, but his brother ordered him to go on. The driver observed Sawm (Fast) for two successive months. As for the one who is still alive, he is ready to pay what is obligatory for him and his late brother with regard to this crime. Please give us the ruling on this question. May Allah reward you best!
If the reality is as you mentioned, the driver
must pay the Diyah (blood money) for involuntary manslaughter to the heirs of the victim unless they remit it. The killer or his heirs - in case he is dead - have to search for the heirs of the victim through the police that investigated the accident and ask them to pardon their delay regarding the payment of the Diyah. The one who is still alive from the two brothers should sincerely make Tawbah (repentance to Allah) for concealing the crime. He should pay the Diyah to the victim's heirs or ask their pardon as mentioned above. May Allah forgive both of them as He is All-Hearing and All-Responsive!May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.