Subject : It is Permissible to Take a Compensation Against the Harm Resulting from Negligence

Fatwa Number : 3145

Date : 19-11-2015

Classified : Punishments

Fatwa Type : Search Fatawaa

Question :

In Europe, it is allowed for a woman to undergo a diagnosis for her embryo during the first months of pregnancy to check whether it has Down`s Syndrome, or not. Actually, a woman gave birth to a baby that has been diagnosed with Down`s Syndrome, so she filed a lawsuit against the hospital for not running that test in the early stages of her pregnancy. As a result, the court ruled that she gets a certain amount of money as a compensation. Is it permissible for her to take that money?

The Answer :

All perfect praise is due to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

It is permissible for a person to take a compensation against the harm that befalls him/her due to negligence, as indicated by the following Hadith: " There should be neither harming (darar) nor reciprocating harm (dirar). A hasan hadeeth related by Ibn Majah, ad-Daraqutnee and others as a musnad hadeeth."

Therefore, the above woman is permitted to take that compensation as ruled by the court. And Allah knows best.

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