The Quranic Basis
“And it is not conceivable for a believer to kill a believer except by mistake. And whoever kills a believer accidentally, then there must be freeing of a slave who is a believer and blood money paid to his family — unless they give [it] as charity.” (4:92)
The verse establishes three elements for unintentional homicide:
- Freeing a slave (tahrir raqaba mu’mina): Or in contemporary application, an equivalent act of charity/expiation
- Diyya: Payment to the victim’s family
- Option of charity: The family may waive the diyya as a charitable act
The Full Diyya and Its Forms
The classical diyya for one life was established by the Prophet (SAW) at 100 camels. The monetary equivalents that scholars derived:
- Gold: 1,000 dinars (the Maliki standard)
- Silver: 12,000 dirhams (the Hanafi standard)
- Cattle: 200 cows
- Sheep/Goats: 2,000 sheep
- Clothing: 200 sets (Maliki additional form)
Contemporary courts in countries applying Islamic criminal law typically convert these to current monetary values based on gold or silver prices.
Mughallaẓa vs. Mukhaffafa — Aggravated and Reduced Diyya
Diyya Mughallaẓa (Aggravated Blood Money): Required in cases of:
- Shibh ‘amd (quasi-intentional murder): Death was caused intentionally but without a weapon typically used to kill
- Murder within the sacred precincts (haram)
- Murder in the prohibited months
- Murder of a relative who is a mahram (unmarriageable kin)
The aggravated diyya is one-third heavier — 100 camels distributed differently (40 pregnant females, 30 three-year-olds, 30 four-year-olds in the Maliki/Shafi’i formula).
Diyya Mukhaffafa (Reduced Blood Money): For accidental homicide (khata’ maḥḍ): The standard 100 camels distributed across five age categories, each paying a lower cost.
The ‘Aqila — Who Pays?
Classical Islamic law places the burden of the diyya on the ‘aqila — the perpetrator’s male blood relatives on the paternal line (asaba). This reflects the tribal solidarity principle: the group bears responsibility for its members’ actions.
Rationale: The accident (especially in cases of khata’) was unintentional — bankrupting one person over an unintentional act causes undue hardship. Spreading the burden across the kinship group makes the payment possible while still providing compensation.
Contemporary application: The concept has been adapted — in some jurisdictions, the state treasury (bayt al-mal), insurance, or other mechanisms fulfill the role the ‘aqila played in traditional tribal society.
Partial Diyya for Bodily Injuries
Classical fiqh developed an elaborate schedule of partial diyya for non-fatal injuries:
- Both eyes, both hands, both feet: Full diyya (100 camels)
- One eye, one hand, one foot: Half diyya (50 camels)
- Each finger: 10 camels (1/10 diyya)
- Each tooth: 5 camels (1/20 diyya)
- Wound penetrating to bone (mudiha): 5 camels
The underlying principle: damages are proportional to the functional loss caused. The juristic effort was to create a comprehensive compensation schedule that provided predictability and prevented negotiation from becoming leverage for the powerful.
See also: Qisas, Hudud, Fiqh Overview, Maqasid Al Shariah, Kafara, Halal And Haram