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8,43426/06/1999

Ruling on accepting compensation for disability caused at a private school

Question: 4540

i have a deaf sister who became
deaf due to cannoing at school a couple of years ago, My questions are,
1.how much islamic Obligation is on someone who is completely
deaf?
2. are we allowed to claim compensation from the school through
their insurance which should cover such accidents?
jazakhallah khairan for your time, effort and truthful answears.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Firstly, so long as the deaf person is
responsible and of sound mind, he is obliged to do all the duties that he is able to
fulfil.

With regard to the second question, we put this question to
Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who said:

How did she become deaf?

We said: through an accident that happened at school, such as
a table or chair falling on her, which caused her to become deaf. The school considered
itself to be responsible for that.

He replied: the responsible party is the one who caused the
accident. If it happened that there is no one who can be held responsible, then it is not
permissible for her to accept the compensation.

Question:

Suppose that the school or its administration was
responsible, and it is a private school that is run for profit?

Answer:

The compensation is to be paid by the one who caused the
accident. If someone moved the table or an electrical cable and it fell on this girl, then
he is responsible and has to pay compensation.

Question:

If, according to the system in that country, the school is
obliged to pay compensation, can these people take it as per the system?

Answer:

The man is a Muslim, he cannot take people’s wealth
except in a lawful manner. And Allaah knows best.

Source

Sheikh Muhammed Salih Al-Munajjid

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