Peace, the mercy of Allah, and His blessings be upon you.
With reference to Your Majesty’s letter no. 5/12/10/1531 dated 15/8/1380 AH, which asks about the rulings on motor-vehicle accidents and the deaths that sometimes occur at the hands of physicians during surgical procedures, etc., the reply is as follows:
Issue One: If a car overturns and the overturning is the result of the driver’s negligence or transgression—such as excessive speed, failure to keep the vehicle’s mechanisms in order, neglecting to inspect them, inability to drive properly, and the like, all of which amount to negligence or wrongdoing—then he is liable for everything that ensues, for he is the immediate cause.
If none of those factors is present and the driver is skilled, has inspected the vehicle, and is not exceeding the lawful speed, no liability attaches to him, for the presumption is freedom from obligation. Should a dispute arise, the burden of proof rests with the passengers, and if they cannot produce evidence he is excused upon taking an oath.
Issue Two: If someone is asleep beneath a vehicle and the driver starts the car and injures or kills him, the driver is liable for all resulting harm, because he is the direct agent and has been negligent in failing to check beneath his vehicle. He therefore falls under the ruling of a person who performs a permissible act yet harms a protected human being.
Issue Three: If a passenger throws himself from the car while it is moving without the driver’s knowledge, no liability attaches to anyone, provided the passenger is a sane adult; the ruling differs for a minor or an insane person.
Issue Four: If a physician treats a patient, and the treatment results in the loss of life or limb, he is liable whenever he transgresses or is negligent.
The physician’s error is of two kinds:
1 – He treats while ignorant of medicine; he is therefore liable for every harm he causes, from death downward, and must pay the blood-money, while retaliation is waived.
2 – He is proficient in medicine but errs in choosing the drug or in the manner of its administration, or