Question
Reference number: 684456 | The Jurisprudence of Penalties |
What is the ruling on obligating the killer to pay a substitute of the hundred camels as Diya (blood-money)?
Answer
Praise Be to Allah and Peace Be Upon His Messenger.
Originally, the blood-money should be paid as prescribed in the prophetic hadith: one hundred camels. The prophet said: “for the killed man, a hundred camels.” It should not be substituted by gold or silver, and this is the opinion of some Muslim scholars such as Shafi’i, Ahmad (as being mentioned in one narration), and Ibn Hazm. However, if there is a need to change it into gold or silver, but it is worth mentioning that the hundred camels should be evaluated in gold and silver according to time and place. the reason behind this opinion is because the prophet (PBUH) stressed on the Diya amount in intentional killing, and did not stress on it in unintentional killing. The majority of Muslim scholars, for example, Abu Hanifa, Malik, Ahmad in the other narration, and Shafi’i in his old opinion, saw that the Diya is considered if it is paid in three forms: camels, gold, and silver. Their opinion depends on a narration which says that the prophet once judged that for people of gold, one thousand golden dinars should be paid, and for people of silver, twelve-thousand sliver dirhams should be paid.
Hanafi and Maliki scholars added other two substitutes which are cows and sheep. It is narrated that Omar Ibn Al-Khattab decided once camels’ price got higher that people of gold should pay one thousand golden dinars. People of silver, should pat twelve-thousand silver dirhams. People who raise cows should pay two hundred cows. People who raise sheep, should pay two thousand sheep. People who sew garments should pay two hundred garments.
Therefore, the Diya can be paid to the family of the victim in any form, and the family of the victim cannot obligate the killer to pay it in only one form. They should accept the fair amount of the Diya regardless of its form.