Who is entitled to funds received from the Road Accident Fund?

Nasihah (Advice): Claims on the Day of Resurrection

 

Sayyiduna Abu Hurairah Radhiyallahu Anhu reports that Rasulullah Sallallahu Alayhi Wasallam said: “The claimants will receive their claims on the Day of Resurrection so much so that the hornless sheep would get its claim from the horned sheep (that injured it).” (Sunan Tirmidhi)

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  1. The Road Accident Fund (RAF) provides compulsory cover to all users of South African roads, citizens and foreigners, against injuries sustained or death arising from accidents involving motor vehicles within the borders of South Africa.

 

Can Muslims accept the cover provided by the RAF in the case of injuries sustained or death arising from accidents in South Africa?

 

(Question published as received)

 

  1. It will be permissible for Muslims to accept compensation from the Road Accident Fund (RAF). It will be regarded as a gift from the government to the claimant and will form part of the claimant’s ownership or to those who are entitled to it.

 

In the case of an accident resulting in death, the compensation received from the RAF will form part of the deceased’s estate and will be distributed amongst his/her rightful heirs according to the Islamic laws of succession and inheritance. (Fataawa Qaasimiyyah 25/233)

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

Mufti Moosa Salie

 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

 

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa
Tel : +27 (0) 31 2077099

Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za

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