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Replacing damaged car seats due to negligence

Nasihah (Advice): Sayyiduna Abu Hurayrah (Radiyallahu Anhu) reports that the Prophet of Allah (Sallallahu Alaihi Wasallam) said: “The person who is not trustworthy lacks Imaan.” (Musannaf ibn Abi Shaiybah, Hadith #: 30320)
Question and Answer:
Q. My friend borrowed my vehicle for personal use. The vehicle is a luxury vehicle (BMW) and just for driving around with family. Its sad to say that this so called friend was using my vehicle for the transport and delivery/collection of his hardware goods which has left significant damage on my car seats. Is he liable to pay me for the damage that he has caused? He’s saying he will compensate me at the price of replacing the seats second hand from a backdoor autofurnisher. My car is only a few months old and I want the seats replaced by BMW but he is saying that I am demanding too much
(Query published as received)
A. Your friend is guilty of negligence if he had used your vehicle to transport his hardware goods without your consent as the normal usage of a luxury vehicle is not for the frequent collecting and delivering of hardware goods. Considering that the seats in your car are recently factory fitted seats that he has damaged, he is liable to compensate you at the cost of replacing the seats by BMW or any other company that is approved by BMW.
And Allah Knows Best
Mufti Suhail Tarmahomed

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
223 Alpine Road, Overport, Durban
Tel : +27 (0) 31 2077099
Fax : +27(0) 31 2074163
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