He met his death in a car accident, leaving behind a debt, is it possible to settle his debt from the Diyah?
All praise be to Allah Alone, and peace and blessings be upon the Last of the Prophets. To proceed:The Permanent Committee for Scholarly Research and Ifta' reviewed the request received by His Eminence the Grand Mufty from an inquirer who works as a clerk at the Ministry of Justice at Al-Mujardah Province, Shaykh
Shubayly ibn Jabir `Asiry.
The request was sent to the Committee from the Secretariat General of the Council of Senior Scholars in letter no. 4188, dated 13/7/1421 A.H. The text of the question reads as follows:We present to Your Eminence the inquiry sent by citizen ... In which he mentions that his son passed away as a result of a vehicle accident, leaving behind his parents and pregnant wife. He was indebted with approximately 60. 000 Saudi riyals. The inquirer requests a Fatwa as follows:1- Is it possible to settle the debt of the deceased from the Diyah (blood money) while the wife is pregnant? (Part No. 11; Page No. 293) The rest of the heirs are poor and cannot pay off this debt, therefore we hope that Your Eminence could give us a Fatwa on this matter. May Allah safeguard and protect you, Amen!
After examining the Fatwa request, the Committee answered that if the matter is as mentioned in the question then it is necessary
to pay off the debt on behalf of the deceased from his estate or from the Diyah. Next, his will, if any, is to be executed and what remains afterwards is to be divided among the heirs through the Shar`y (Islamic legal) court.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.