Sun 20 Jm2 1435 - 20 April 2014
4540

Ruling on accepting compensation for disability caused at a private school

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 Allaah.

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.

Islam Q&A
Sheikh Muhammed Salih Al-Munajjid
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