What is the Diyah (blood money) of the baby who is killed unintentionally after his birth?

Question 10: We are students at the Faculty of Education for Girls In Jeddah, A discussion was raised concerning the Diyah (blood money) issue in the Sharee`ah in case of involuntary manslaughter. We had different opinions and did not decide the proper answers for some questions. Thus, we refer these questions to you for answer. May Allaah reward you!

A- What is the amount of diyah of a child who is unintentionally killed in a car accident? Is it equal to the Diyah of a man or woman? Please explain it in details.

B- How much does the Diyah of a man exceed that of a woman? Are they equal?

C- If a non-Muslim (a Christian or a Jew) is killed unintentionally, what is the Diyah that the killer must pay? To whom will it be paid?

Answer: First, the Diyah of a male child who is killed unintentionally after his birth is equal to the Diyah of a man… read more here.

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What is the Diyah (blood money) of a Jew or a Christian?

Question 9: Is it permissible to pay the Diyah (blood money) of a Jew or a Christian? How much is it?

Answer: The Diyah of a Jew or a Christian is half the Diyah of a Muslim… read more here.

A woman intentionally aborted her baby twice, what should she do?

Question 8: A woman was totally unaware of the teachings of Islaam. She married while she was still young and lived in a district far from Masjids (mosques), scholars, and preachers. Allaah (Exalted be He) knows that this woman was really ignorant of the rulings of a. She committed a lot of major sins, such as theft, and sowed dissention and spread calumnies among Muslim women. One of the major sins she committed was adultery. She became pregnant from her husband, but she killed her baby when he was four or five months old out of ignorance. It is worth mentioning that she did not know that this crime was a major sin. She killed the baby so he would not distract her from her make-up and work. Please note that the baby’s father knew nothing about that matter. Then she became pregnant for the second time. When the embryo was eight months, she deliberately carried heavy weights with the intention to have a miscarriage. When she delivered the baby, he lived for five hours and then died on the same day.

She only performed Salaah (Prayer) in Ramadan. Her Salah might not have been accepted by Allaah (Exalted be He). Moreover, she used to observe Sawm (Fast) for the sake of Riya’ (showing-off), not for the sake of Allaah (Exalted be He). She gave birth to boys and girls. She then became pregnant and suffered from a severe illness. She received medical treatment in a clinic and she gave birth to a stillborn baby. Please note that she did not know whether this baby was born dead because of the treatment she received or because of something else. She did not cause this baby to be born dead. She always quarreled with her husband and they both did not fulfill the marital obligations they owed towards each other. When she remembers the sins she committed about forty-five years ago, she falls sick. About five years ago, she turned to Allaah (Exalted be He) in repentance for what she had done. Now she is a righteous woman; she performs Salah regularly and sheds tears all day and night for the sins she committed in the past. It is worth mentioning that she observes Qiyaam-ul-Layl (optional Prayer at night) and performs other supererogatory acts of worship.

Please note that in case the Kaffaarah (expiation) for such sins is Sawm, she would not be able to observe successive Sawm because of her illness and old age. What must she do to expiate for her sins? May Allaah reward you best!

Answer: First, this woman must make Tawbah (repentance to Allaah) for the sins she committed. Allaah (Exalted be He) forgives those who make Tawbah. Allaah (Exalted be He) says… read more here.

A person hit someone driving a motorbike, what should he do?

Question 7: I was driving along a freeway which was under reconstruction. There was a person driving a motorbike. Unintentionally, I hit the back of the motorbike. I did not stop to see what happened. Some of my cousins were with me in the car and advised me to stop, but I did not respond to their request. Please note that this accident happened more than eight years ago. What is your advice to me? May Allaah reward you with the best!

Answer: You should go to the traffic police and report the accident in order to search for the person you hit to know… read more here.

What is the ruling on the Diyah (blood money) paid to the heirs of the deceased?

Question 6: What is the ruling on the Diyah (blood money) paid to the heirs of the deceased?

Answer: The Diyah is to be distributed among the heirs of the deceased in the same way that inheritance is distributed… read more here.

Would the person who murders a Muslim receive the same punishment as the one murdering a believer?

Question 5: Allaah (Exalted be He) says: And whoever kills a believer intentionally, his recompense is Hell to abide therein Allaah (Exalted be He) states that Fire is the punishment for a person who kills a believer, not a Muslim. Would a person who kills a Muslim also receive the same punishment?

Answer: Whoever kills a Muslim, their punishment will be the Fire. If the inward aspects of the person being killed are in agreement with their outward aspects… read more here.

Is it permissible to ask the family of the murdered person to pardon the murderer?

Question 4: It gives me great pleasure to thank you and ask Allaah (Exalted be He) to reward you the best for what you do for the sake of Islaam and Muslims. Your Eminence, I would like to raise this question before you as you are a person of rank and reputation in the sight of all Muslims. Also, those who seek the truth receive your Fatwaa (legal opinion issued by a qualified Muslim scholar) with approval. A crime of murder was committed in Qatar when some boy sat school quarreled with each other. The youngest of those boys stabbed the oldest twice. As a result, the boy died immediately. Some good people have tried to settle the matter by interceding with the victim’s family, who are seeking revenge, to convince them to pardon the killer since he is still sixteen years old. While attempting to gather some reputable persons to go to the victim’s family, a man, whom we consider to be the most well versed in religious knowledge among us, has opposed our attempt and has ordered us not to do so as it is a sort of intercession with regard to one of the Hudood (ordained punishment for violating Allaah’s Law) prescribed by Allaah. He claims that intercession with regard to manslaughter is not permissible. According to our scant knowledge, intercession with regard to manslaughter is a good act and pardoning the killer is better than demanding Qisaas (just retaliation) as Allaah (Exalted be He) says: 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, etc.) 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. He (Exalted be He) also says: And We ordained therein for them: “Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal.” But if anyone remits the retaliation by way of charity, it shall be for him an expiation. And whosoever does not judge by that which Allâh has revealed, such are the Zâlimûn (polytheists and wrongdoers – of a lesser degree). He (Exalted be He) says: And to forego (and give her the full Mahr) is nearer to At-Taqwa (piety, righteousness). Allah (Exalted be He) says: The recompense for an evil is an evil like thereof; but whoever forgives and makes reconciliation, his reward is with Allaah. Verily, He likes not the Zâlimûn (oppressors, polytheists, and wrongdoers). He (Exalted be He) also says: …and who pardon men; verily, Allaah loves Al-Muhsinoon (the good-doers). It was reported in the Sunnah (whatever is reported from the Prophet)on the authority of Anas ibn Maalik (may Allaah be pleased with him) that he said: “I never saw the Messenger of Allah (peace be upon him) judging in any dispute that involved Qisas but he commanded remission regarding it.”On the authority of Abu Al-Darda’ who narrated that he heard Allaah’s Messenger (peace be upon him) saying: “Whoever suffers an injury and forgives (the person responsible), Allaah will raise his status to a higher degree and remove one of his sins.” On the authority of ‘Aboo Hurayrah (may Allah be pleased with him) who narrated that the Prophet (peace be upon him) said: “Never a man forgives a grievance unless Allaah increases him in dignity.” On the authority of `Abdul-Rahmaan ibn `Awf who narrated that the Prophet (peace be upon him) said: “Three – by the One in Whose Hand is the soul of Muhammad, if I am to swear regarding them – wealth never decreases because of Sadaqah (voluntary charity), so give Sadaqah; and no servant pardons a grievance, seeking with it the Pleasure of Allah (Glorified and Exalted be He), but Allah will surely increase him in honor because of it on the Day of Resurrection…” This evidence shows that Islam urges Muslims to pardon one another and promises a great reward in this world and in the Hereafter for the one who pardons others. According to our scant knowledge, intercession is a desirable practice as the Prophet (peace be upon him) said: “If you make intercession, you will be rewarded.” Consequently, intercession is an allowable practice according to Shari`ah.

Since we receive your Fatwaa favorably, we ask Your Eminence to send us a written Fatwaa on the permissibility of intercession with regard to manslaughter. Is it permissible for the victim’s family to agree not to demand Qisaas in return for a sum of money or to grant pardon with no return? We would like Your Eminence to focus on the permissibility and favorability of such a practice. We would be grateful if the reply could be as quick as possible. May Allaah safeguard you and all people of knowledge and virtue!

Answer: Intercession with those who seek revenge to convince them to pardon the killer or to accept Diyah (blood money)… read more here.

Impermissibility of changing one’s mind after the judge has ruled and the victim has agreed

Question 3: In the southern region of the Kingdom, some disputes may arise among tribes during which an exchange of gunfire takes place. The involved parties then go to the judge who gives his verdict according to what Allaah has revealed in the Qur’aan. However, an injured person may waive his right with the intention of taking revenge on his opposing party later, since he is not convinced with the judgment of Sharee`ah (Islaamic law). As a result, tribes convene so that the victim may set the sentence he sees suitable to the offense committed against him. Is such a practice permissible after hearing the judge’s verdict? Please give us a clear Fatwaa (legal opinion issued by a qualified Muslim scholar) in this regard. May Allaah guide you and increase your virtueson a Day when neither wealth nor sons will avail, except to he who comes before Allaah with a sound heart.

Answer: If a judge gives a verdict according to Allah’s Purified Shar` (Law), all parties must abide by it… read more here.

What is the ruling on asking the family of the person killed to pardon the killer?

Question 2: We would like to inform Your Eminence that we often go to the family of a person being killed to ask them to pardon the killer and demand no Qisaas (just retaliation). We sometimes spend a great deal of time with the family of the victim to convince them to pardon the killer, either in return for a sum of money or for any other reason. Sometimes we pretend that we are sick and refuse to eat until they would give a reply to our request; either by pardoning the killer or refusing to do so. We have heard from some scholars that it is not permissible to participate in such situations. Please guide us to what we should do!

Answer: There is no blame on doing so In-shaa’-Allaah (if Allaah wills)… read more here.

Is it permissible for the husband to demand Qisaas (just retaliation) for the murderer of his wife?

Question 1: Is it permissible for the husband to demand Qisaas (just retaliation) for the murderer of his wife?

Answer: Demanding Qisaas (just retaliation) at the ruler from the criminal is the right of the heirs of a murdered person… read more here.