COMPENSATION FOR BODILY HARM (DIYAH)
Diyah refers to payment made to compensate for a physical transgression committed against another person’s life or his body.
Ruling 826: Such transgressions are of three types:
(1) Deliberate: this is with intent. This includes when the act does not normally result in the harm intended, such as if one hits a man with small pebbles in order to kill him, and it does kill him. It may also be by an act which does normally result in such harm but he did not intend that harm, such as if one shoots a gun at a person in order to maim the target rather than kill him, and he dies.
(2) Semi-deliberate: this is when one intends to afflict somebody by an act which does not normally result in bodily harm and without intending it either; the person then happens to become unexpectedly harmed.
(3) Mistake: this is when he didn’t intend to afflict or harm him, such as if one fires a gun in the air, and a bullet hits somebody injuring or killing him.
Ruling 827: Deliberate physical transgression will necessitate qisas – i.e. retribution – if its conditions which are mentioned and discussed in other more detailed books have been fulfilled, and the matter will not be referred to compensation unless both parties – the offender and the victim or his guardian – agree to it. It is possible for them to agree on a compensation which is higher or lower than the prescribed diyah, or by any other special way, and in all cases it will be necessary to abide by what has been mutually agreed.
Ruling 828: Semi-deliberate transgression will necessitate the payment of the diyah from the offender’s own money. Mistaken transgression will require the payment of the diyah from the male members of his family, i.e. his offspring, his father and paternal grandfathers, his brothers, his paternal uncles, and their sons.
Ruling 829: The diyah payment in the case of deliberate transgression must be paid within a year. As for semi-deliberate or mistaken transgression, the diyah must be paid within three years.
Ruling 830: The diyah of killing a Muslim man is one of the following: one hundred camels, or two hundred cows, or one thousand goats or sheep, or one thousand dinars of gold, or ten thousand dirhams of silver, or two hundred special particular clothings – which are all explained in the detailed books if Islamic law. The diyah of killing a Muslim woman is half of that of a man. If the killing takes place in sanctified area around Makkah – i.e. the Haram – or during the sacred months – i.e. Rajab, Dhul-Qa’dah, Dhul-Hajjah and Muharram – the diyah will be increased by a third.
Ruling 831: The diyah for killing a person born illegitimately is eight hundred dirhams of silver for a man, and four hundred dirhams of silver for a woman. This is so if both the parents knew that they were fornicating. However, if at least one of them thought their relationship was due to valid marriage and was not adultery, then full diyah is to be paid as mentioned previously.
Ruling 832: The diyah for killing an embryo which has bones and flesh, but the soul has not entered it yet – which happens when it has completed its fifth month – and for the dead body whose head has been posthumously cut off or the like is a tenth of the usual diyah.
Ruling 833: The diyah for killing a trained hunting dog is forty dirhams, and if it is a guard dog then its killer is obliged to pay its price. As for other dogs, and all pigs, there is no compensation.
Ruling 834: Whoever harms a pregnant animal which then has a miscarriage, he is obligated to pay the owner of the animal a tenth of its price. If a person destroys the eye of a four-legged animal, he is obligated to pay a quarter of its price. For other injuries to an animal, its compensation is its full price if the animal is killed, and its compensation is the difference in value if the animal becomes defective.