In this article, we will discuss the difference between the blood money (diyah) for accidental manslaughter of a deceased person, whether male or female, and the blood money for an unborn fetus, in accordance with Islamic law and Qatari legislation. Before delving into the details of these rulings, it is important to understand the concept of diyah, its types, and the reasons behind its legislation.
Definition of Diyah
Diyah is the financial compensation that must be paid due to an offense that caused the death or injury of a person, and it is paid by the offender to the injured party or their heirs if the injured party has passed away. The term “paid the diyah of the slain” means the blood money has been paid. Diyah is essentially part of a justice system based on compensation.
Diyah is considered one of the important means in Islamic legislation for compensating damages resulting from crimes. This system was known even before Islam, and Islam came to acknowledge and organize it in a more just manner.
Legitimacy of Diyah in Islam:
The imposition of diyah in Islam is based on the Qur’anic texts and the purified Sunnah of the Prophet. In the Holy Qur’an, Allah Almighty says in Surah An-Nisa Never should a believer kill another believer, unless by mistake. Anyone who kills a believer by mistake must set free a believing slave, and pay compensation to the victim’s family—unless they remit it as a charity( Verse 92 ).
This verse reflects the importance of diyah as financial compensation for the heirs of the deceased in cases of accidental killing.
In the Sunnah of the Prophet, it is narrated in Abu Dawood from Amr ibn Shu’ayb, from his father, from his grandfather, that the Messenger of Allah (peace be upon him) specified the amount of diyah. At that time, the diyah was valued at eight hundred dinars or eight thousand dirhams, which was considered half of the diyah for a Muslim among the People of the Book. From this, we can conclude that diyah is not merely financial compensation but is part of a justice system that safeguards the rights of the victims.
Estimation of diyah for accidental manslaughter and for an unborn fetus in Qatari legislation:
According to Qatari legislation, the diyah for accidental manslaughter, whether the deceased is male or female, is set at 200,000 Qatari Riyals. The Council of Ministers may adjust this amount if necessary. As for the diyah of an unborn fetus, it is estimated at one-tenth of the diyah for an adult, which amounts to 20,000 Qatari Riyals.
Types of Diyah: Diyah is divided into two main types:
· Enhanced Diyah (Diyah Mughallazah): This is paid in cases of intentional or quasi-intentional killing and must be paid in full without installments.
· Reduced Diyah (Diyah Mukhaffafah): This is paid in cases of accidental killing and can be paid in installments or even fully pardoned if the victim’s heir forgives.
Wisdom Behind the Legislation of Diyah:
Diyah aims to achieve justice and deterrence within society. It is not merely financial compensation; rather, it is a means to deter crime and protect lives. By imposing a substantial diyah, the offender is compelled to bear a significant financial responsibility, which strengthens the impact of the penalty and reduces the likelihood of crime recurrence.
Cases of Killing Requiring Diyah:
Diyah is obligatory in cases of accidental killing, quasi-intentional killing, and intentional killing if the victim’s heir waives the right to retribution. In the case of a fetus, the diyah is one-tenth of that of an adult. For example, if a woman unintentionally causes the death of her fetus due to an accident, the diyah for the fetus would be 20,000 Qatari Riyals, which is one-tenth of the diyah for an adult.
Qatari Legislation and Protection of the Fetus:
Qatari law places significant emphasis on protecting fetuses, criminalizing all forms of abortion, even with the mother’s consent and without medical necessity. Article (317) stipulates a penalty of imprisonment for up to three years for a woman who consents to take medication or use methods leading to abortion.
Conclusion:
Diyah is a fundamental part of Islamic legislation and Qatari law, aimed at achieving justice, compensating victims, and deterring offenders.
The diyah amount varies between adults and fetuses, reflecting differences in the degree of harm and the importance of life at each stage.