bloodmoney:imp question for the coming exam

[mariashamshad]

what is bloodmoney(diyah)in islam?
O you who believe! Al-Qisaas (the Law of Equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives) of the killed against blood money, then adhering to it with fairness and payment of the blood money to the heir should be made in fairness. This is an alleviation and a mercy from your Lord. So after this whoever transgresses the limits (i.e. kills the killer after taking the blood money), he shall have a painful torment”

[al-Baqarah 2:178].
The great scholar ‘Abd al-Rahmaan al-Sa’di said in his Tafseer: Allaah reminds His believing slaves that He has enjoined qisaas upon them in the case of murder, i.e., there should be equal recompense in that, and that the killer should be killed in the way in which he killed his victim, so as to establish justice and fairness among people. End quote.

Qisaas by killing the killer can only be in cases of deliberate killing, according to scholarly consensus. Ibn Qudaamah said in al-Mughni (8/214): The scholars are unanimously agreed that qisaas is not required except in the case of deliberate killing, and we do not know of any difference of opinion with regard to qisaas being required for deliberate killing if all conditions are met. This is indicated by the general meaning of the verses and reports. Allaah says (interpretation of the meaning):

“And whoever is killed wrongfully (Mazlooman intentionally with hostility and oppression and not by mistake), We have given his heir the authority [to demand Qisaas, __Law of Equality in punishment __or to forgive, or to take Diyah (blood money)]. But let him not exceed limits in the matter of taking life (i.e. he should not kill except the killer)” [al-Isra’ 17:33]

“Al-Qisaas (the Law of Equality in punishment) is prescribed for you in case of murder”

[al-Baqarah 2:178]

“And there is (a saving of) life for you in Al-Qisaas”
There was no difference of opinion among the scholars that it is valid for the heirs of the victim to forego qisaas and accept the diyah. This is what is indicated by the ahaadeeth quoted above.

In that case, the killer may be set free and he should be obliged to pay the diyah.

And Allaah knows best.

[sannah]

Islam Question and Answer - Accepting diyah (blood money) instead of qisaas (retaliation) in the case of deliberate killing

useful link


A Question regarding the Implementation of Law relating to Diyah - Blood Money -Penal Law - Understanding Islam