Saturday, June 08, 2013

Q&A: Calculating blood money (diyah)

Is it permitted to calculate diyah (blood money) as 12,000 silver dirhams to make it easier for people, even though the Fuqahaa calculate the diyah in camels for people who use camels, gold for people who use gold and bank notes for people who use bank notes?
Answer:
The Diyah for people who use camels is 100 camels, and for people who use gold is 1000 Dinars, and for people who use silver is 12,000 Dirhams that is correct.
However, present-day bank notes are not backed by gold or silver therefore they do not fall under the people who use gold or the people who use silver.
It is counted in money using Qiyas (analogy) because of the illah (reason) Mustanbatah (derived) from the text and that is the money, as described in a chapter in the book Funds in the Khilafah State and others from our books. The amount of money for diyah depends on Ijtihad in the issue, and my view is that there is nothing wrong with estimating it with silver in the diyah for accidental killing, because the person who did the accidental killing did not commit a sin. The diyah is not because he committed a sin. Rather the diyah is a wisdom known by Allah, so the mildest punishment in the payment of the accidental killing is the diyah that is suitable with not committing a sin.
However, the diyah for intentional killing, I see that it be estimated in gold, because the one who killed intentionally has committed Haram so the severest of punishment should be applied.
If however these paper monies are a replacement for gold or silver, then the person treats these paper monies according to the metal (gold or silver) in which it replaces.
And I ask Allah the Almighty that I am accurate and correct.
16 Ramadan 1433 AH
4/8/2012 CE
NOTE:
1,000 dinars = approx. $212,000
12,000 dirhams = approx. $29,000

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