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Difference Between Blood Money (Diyat) Of Man And Woman
Is there any difference between the blood money fixed for man and woman?
If there is so why isn’t it confusing?
As all lives are equal in the eye of God the almighty.
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Difference Between Blood Money (Diyat) Of Man And Woman
updated 3 years, 7 months ago
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Following is an excerpt from Meezan answering this specific issue:
“…An important issue in these directives of intentional and unintentional murder is the amount of diyat to be given and its methodology. In verse 92 of Surah Nisa quoted above, the words دِيَةٌ مُسَلَّمَةٌ الى اَهْلِهِ are used. The word diyat in these verses occurs as a common noun, about which we all know that its meaning is determined by its linguistic and customary usage, and by the context in which it is used. Nothing other than these are required. Therefore, in this verse diyat means something which in the general custom and usage is called “diyat”. And the words دِيَةٌ مُسَلَّمَةٌ الى اَهْلِه simply mean that the family of the murdered person should be given what the general custom and linguistic usage term as “diyat”. In verse 178 of Surah Baqarah, where the directive of diyat in case of intentional murder has been given, the word مَعْرُوْف (maruf: custom) is used to qualify it:
فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ (178:2)
Then for whom there has been some remission from his brother, [the remission] should be followed according to the maruf and diyat should be paid with kindness. (2:178)
It is evident from the above mentioned verses of Surah Nisa and Surah Baqarah that in case of intentional as well as un-intentional murder, the Quran wants diyat to be paid according to the customs and traditions of the society. It has not prescribed any specific amount for diyat nor has it directed the Muslims to discriminate in this matter between a man or a woman, a slave or a free man and a Muslim or a non-Muslim. [6] The Prophet (sws) decided all the cases of diyat according to the customs and traditions of the Arabian society during their own times. The quantities of diyat which have been mentioned in our books of Hadith and fiqh are in accordance with this custom and tradition, which itself has its roots in the social conditions and cultural traditions of the Arabs. However, since then, the wheel of fortune has revolved through fourteen more centuries and the tide of time has sped past innumerable crests and falls. Social conditions and cultural traditions have undergone a drastic change. In present times, it is not possible to pay diyat in the form of camels nor is it a very wise step to fix the amount of diyat on this basis. The nature of عَاقِلَة (community/tribe) has completely changed and various forms of unintentional murder have come into existence which could never have been imagined before. We know that the guidance provided by the Quran is for all times and for every society. Hence, in this regard, it has directed us to follow the مَعْرُوْف (ma‘ruf: custom) which may change with time. By this Quranic directive, every society is to obey its customs, and since in our own society no law about diyat exists previously, those at the helm of our state can either continue with the above mentioned Arab custom or re-legislate in this regard; whatever they do, if the society accepts the legislation, it will assume the status of our maruf. Also, it is obvious that those in authority in any society can revise and re-structure the laws which are based on the maruf, keeping in view the collective good of the masses…”
(Javed Ahmed Ghamidi)
(Translated by Dr. Shehzad Saleem)
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For complete chapter, please see:
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According to the Quran diyat must be paid according to the customs and traditions of the society. It doesn’t prescribe any specific amounts, nor does it discriminate between a man and a woman, a slave and a free man, or a Muslim and a non-Muslim.
For details please see:
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