Diyya
Encyclopedia
Diyya is compensation paid to the heirs of a victim. In Arabic, the word means both blood money
and ransom
.
specifies the principle of Qisas
(i.e. retaliation), but prescribes that one should seek compensation (Diyya) and not demand retribution.
The Qur’an directed to pay Diyyat just according to this law both in case of intentional as well as un-intentional murder. A variation of Diyat was present in pre-Islamic Arabia
, where it was paid in terms of goods or animals rather than cash. In Sharia
law, Diyat should be paid in terms of cash to avoid possible fraud on the part of the criminal. In Islam
ic and Arab
traditions, blood money is the fine paid by the killer or his family or clan
to the family or the clan of the victim (comparable to the traditions of weregild
and główczyzna). It is unlawful for a believer to kill a believer except if it happens by accident. And he who kills a believer accidentally must pay Diyat to the heirs of the victim except if they forgive him. The tradition finds repeated endorsement in Islamic tradition; several instances are recorded in the Hadith
, which are the acts of Muhammad.
There is no specific amount for Diyat and the fine does not differ based on the gender, victim, or state of freedom of the victim. However, the Qur'an
leaves open its quantity, nature and other related affairs to the customs and traditions of a society. The Qur'an directs to pay Diyat according to this law both in case of intentional as well as unintentional murder.
The four Sunni legal schools of thought debated what should be the Diyya for a Jew or Christian, who were considered Dhimmi
. According to the Shafi school, the Diyya in such a case was a third paid for a Muslim. The Maliki
prescribed half. The Hanafi
school, on the other hand, does not differentiate between a Muslim and non-Muslim. In Yemen
, the Diyya for a Jew was sometimes much higher than for a Muslim, since he was considered a protege of the tribe, and any injury to him was considered injury to the whole tribe.
, Iran
and Pakistan
, also enacted laws for Qisas and Diyat. In Saudi Arabia
, for example, the heirs of the victim have a right to settle for Diyya instead of the execution of the murderer. The customary law of the Somali people
also recognizes the obligation of diyya, but define it as being between subgroups, or mag, who may be part of different clans or even the same clan.
Some of these countries also define, by lawful legislation, a hierarchy of rates for the lives of people; religious affiliation and gender are usually the main modulating factors for these Blood Money rates. Some examples are presented below.
, when a person has been killed or caused to die by another, the prescribed blood money rates are as follows:
The amount of compensation is based on the percentage of responsibility. Blood money is to be paid not only for murder, but also in case of unnatural death, interpreted to mean death in a fire, industrial or road accident, for instance, as long as the responsibility for it falls on the causer.
, a further refinement on the hierarchy of rates has been devised: variations are also based on the month of the Islamic calendar
that the crime is committed in. The Iraninan Judiciary system announces a table of the prescribed amounts each year. During the four haram
months, when wars and killings were traditionally discouraged in the Arabian peninsula
and later in the larger Islamic world, the blood money rates stand doubled. The rates for female victims is half that for male victims in murder cases, but equal in cases of insurance and accidental death.
As in Saudi Arabia, the rates for bloody crimes committed against Iranian non-muslims used to be half the rate prescribed for Muslim victims, but this was changed by "equitable", progressive-minded legislation in early 2004. This legislation was initially rejected by the Guardian Council
but was later approved by the Expediency Discernment Council
.
Members of the Baha'i Faith
are excluded from the provisions of the equalization legislation, as their blood is considered Mobah, and as such no blood money is payable to families of Baha'is who are murdered.
tribes carry on the practice of demanding blood money, though this does not necessarily obviate the proceedings of the secular judicial system.
Blood money (term)
Blood money is money or some sort of compensation paid by an offender or his family group to the family or kin group of the victim.-Particular examples and uses:...
and ransom
Ransom
Ransom is the practice of holding a prisoner or item to extort money or property to secure their release, or it can refer to the sum of money involved.In an early German law, a similar concept was called bad influence...
.
Islamic and Arab tradition
The Qur'anQur'an
The Quran , also transliterated Qur'an, Koran, Alcoran, Qur’ān, Coran, Kuran, and al-Qur’ān, is the central religious text of Islam, which Muslims consider the verbatim word of God . It is regarded widely as the finest piece of literature in the Arabic language...
specifies the principle of Qisas
Qisas
Qisas is an Islamic term meaning "retaliation," and follows the principle of an eye for an eye, or lex talionis, first set forth by Hammurabi, and subsequently included in the Old Testament and later legal codes...
(i.e. retaliation), but prescribes that one should seek compensation (Diyya) and not demand retribution.
- We have prescribed for thee therein ‘a life for a life, and an eye for an eye, and a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds retaliation;’ but whoso remits it, it is an expiation for him, but he whoso will not judge by what God has revealed, these be the unjust.
The Qur’an directed to pay Diyyat just according to this law both in case of intentional as well as un-intentional murder. A variation of Diyat was present in pre-Islamic Arabia
Pre-Islamic Arabia
Pre-Islamic Arabia refers to the Arabic civilization which existed in the Arabian Plate before the rise of Islam in the 630s. The study of Pre-Islamic Arabia is important to Islamic studies as it provides the context for the development of Islam.-Studies:...
, where it was paid in terms of goods or animals rather than cash. In Sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
law, Diyat should be paid in terms of cash to avoid possible fraud on the part of the criminal. In Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
ic and Arab
Arab
Arab people, also known as Arabs , are a panethnicity primarily living in the Arab world, which is located in Western Asia and North Africa. They are identified as such on one or more of genealogical, linguistic, or cultural grounds, with tribal affiliations, and intra-tribal relationships playing...
traditions, blood money is the fine paid by the killer or his family or clan
Clan
A clan is a group of people united by actual or perceived kinship and descent. Even if lineage details are unknown, clan members may be organized around a founding member or apical ancestor. The kinship-based bonds may be symbolical, whereby the clan shares a "stipulated" common ancestor that is a...
to the family or the clan of the victim (comparable to the traditions of weregild
Weregild
Weregild was a value placed on every human being and every piece of property in the Salic Code...
and główczyzna). It is unlawful for a believer to kill a believer except if it happens by accident. And he who kills a believer accidentally must pay Diyat to the heirs of the victim except if they forgive him. The tradition finds repeated endorsement in Islamic tradition; several instances are recorded in the Hadith
Hadith
The term Hadīth is used to denote a saying or an act or tacit approval or criticism ascribed either validly or invalidly to the Islamic prophet Muhammad....
, which are the acts of Muhammad.
There is no specific amount for Diyat and the fine does not differ based on the gender, victim, or state of freedom of the victim. However, the Qur'an
Qur'an
The Quran , also transliterated Qur'an, Koran, Alcoran, Qur’ān, Coran, Kuran, and al-Qur’ān, is the central religious text of Islam, which Muslims consider the verbatim word of God . It is regarded widely as the finest piece of literature in the Arabic language...
leaves open its quantity, nature and other related affairs to the customs and traditions of a society. The Qur'an directs to pay Diyat according to this law both in case of intentional as well as unintentional murder.
The four Sunni legal schools of thought debated what should be the Diyya for a Jew or Christian, who were considered Dhimmi
Dhimmi
A , is a non-Muslim subject of a state governed in accordance with sharia law. Linguistically, the word means "one whose responsibility has been taken". This has to be understood in the context of the definition of state in Islam...
. According to the Shafi school, the Diyya in such a case was a third paid for a Muslim. The Maliki
Maliki
The ' madhhab is one of the schools of Fiqh or religious law within Sunni Islam. It is the second-largest of the four schools, followed by approximately 25% of Muslims, mostly in North Africa, West Africa, the United Arab Emirates, Kuwait, and in some parts of Saudi Arabia...
prescribed half. The Hanafi
Hanafi
The Hanafi school is one of the four Madhhab in jurisprudence within Sunni Islam. The Hanafi madhhab is named after the Persian scholar Abu Hanifa an-Nu‘man ibn Thābit , a Tabi‘i whose legal views were preserved primarily by his two most important disciples, Abu Yusuf and Muhammad al-Shaybani...
school, on the other hand, does not differentiate between a Muslim and non-Muslim. In Yemen
Yemen
The Republic of Yemen , commonly known as Yemen , is a country located in the Middle East, occupying the southwestern to southern end of the Arabian Peninsula. It is bordered by Saudi Arabia to the north, the Red Sea to the west, and Oman to the east....
, the Diyya for a Jew was sometimes much higher than for a Muslim, since he was considered a protege of the tribe, and any injury to him was considered injury to the whole tribe.
Legally prescribed rates
Countries whose law follows the Shari'a, including Saudi ArabiaSaudi Arabia
The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...
, Iran
Iran
Iran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...
and Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, also enacted laws for Qisas and Diyat. In Saudi Arabia
Saudi Arabia
The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...
, for example, the heirs of the victim have a right to settle for Diyya instead of the execution of the murderer. The customary law of the Somali people
Somali people
Somalis are an ethnic group located in the Horn of Africa, also known as the Somali Peninsula. The overwhelming majority of Somalis speak the Somali language, which is part of the Cushitic branch of the Afro-Asiatic language family...
also recognizes the obligation of diyya, but define it as being between subgroups, or mag, who may be part of different clans or even the same clan.
Some of these countries also define, by lawful legislation, a hierarchy of rates for the lives of people; religious affiliation and gender are usually the main modulating factors for these Blood Money rates. Some examples are presented below.
Saudi Arabia
In Saudi ArabiaSaudi Arabia
The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...
, when a person has been killed or caused to die by another, the prescribed blood money rates are as follows:
- 100,000 riyalRiyalA riyal is a unit of currency in some countries, and may refer to:* The Hejaz riyal* The Omani rial* The Qatari riyal* The Saudi riyal...
s if the victim is a MuslimMuslimA Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
man - 50,000 riyals if a Muslim woman
- 50,000 riyals if a ChristianChristianA Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
or Jewish man - 25,000 riyals if a Christian or Jewish woman
- 6,666 riyals if a man of any other religion
- 3,333 riyals if a woman of any other religion
The amount of compensation is based on the percentage of responsibility. Blood money is to be paid not only for murder, but also in case of unnatural death, interpreted to mean death in a fire, industrial or road accident, for instance, as long as the responsibility for it falls on the causer.
Iran
In IranIran
Iran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...
, a further refinement on the hierarchy of rates has been devised: variations are also based on the month of the Islamic calendar
Islamic calendar
The Hijri calendar , also known as the Muslim calendar or Islamic calendar , is a lunar calendar consisting of 12 lunar months in a year of 354 or 355 days. It is used to date events in many Muslim countries , and used by Muslims everywhere to determine the proper day on which to celebrate Islamic...
that the crime is committed in. The Iraninan Judiciary system announces a table of the prescribed amounts each year. During the four haram
Haraam
Haraam is an Arabic term meaning "forbidden", or "sacred". In Islam it is used to refer to anything that is prohibited by the word of Allah in the Qur'an or the Hadith Qudsi. Haraam is the highest status of prohibition given to anything that would result in sin when a Muslim commits it...
months, when wars and killings were traditionally discouraged in the Arabian peninsula
Arabian Peninsula
The Arabian Peninsula is a land mass situated north-east of Africa. Also known as Arabia or the Arabian subcontinent, it is the world's largest peninsula and covers 3,237,500 km2...
and later in the larger Islamic world, the blood money rates stand doubled. The rates for female victims is half that for male victims in murder cases, but equal in cases of insurance and accidental death.
As in Saudi Arabia, the rates for bloody crimes committed against Iranian non-muslims used to be half the rate prescribed for Muslim victims, but this was changed by "equitable", progressive-minded legislation in early 2004. This legislation was initially rejected by the Guardian Council
Guardian Council
The Guardian Council of the Constitution , also known as the Guardian Council or Council of Guardians, is an appointed and constitutionally-mandated 12-member council that wields considerable power and influence in the Islamic Republic of Iran....
but was later approved by the Expediency Discernment Council
Expediency Discernment Council
The Expediency Discernment Council of the System is an administrative assembly appointed by the Supreme Leader and was created upon the revision to the Constitution of the Islamic Republic of Iran on 6 February 1988...
.
Members of the Baha'i Faith
Bahá'í Faith
The Bahá'í Faith is a monotheistic religion founded by Bahá'u'lláh in 19th-century Persia, emphasizing the spiritual unity of all humankind. There are an estimated five to six million Bahá'ís around the world in more than 200 countries and territories....
are excluded from the provisions of the equalization legislation, as their blood is considered Mobah, and as such no blood money is payable to families of Baha'is who are murdered.
Iraq
In Iraq, the BedouinBedouin
The Bedouin are a part of a predominantly desert-dwelling Arab ethnic group traditionally divided into tribes or clans, known in Arabic as ..-Etymology:...
tribes carry on the practice of demanding blood money, though this does not necessarily obviate the proceedings of the secular judicial system.
See also
- Blood moneyBlood money (term)Blood money is money or some sort of compensation paid by an offender or his family group to the family or kin group of the victim.-Particular examples and uses:...
- Éraic
- GalanasGalanasGalanas in Welsh law was a payment made by a killer and his family to the family of his or her victim. It is similar to Ericfine in Ireland and the Anglo-Saxon Weregild....
- GłówszczyznaGłówszczyznaGłówszczyzna in Polish tradition was a name for a fine, paid by a killer or his family to the family of his/her victim. The name is derived from głowa, meaning head.-See also:*Blood money*Diyya*Ericfine*Galanas*Weregild...
- WeregildWeregildWeregild was a value placed on every human being and every piece of property in the Salic Code...