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Diyya


Diya (Arabic: دية‎‎, plural diyāt) in Islamic law, is the financial compensation paid to the victim or heirs of a victim in the cases of murder, bodily harm or property damage. It is an alternative punishment to qisas (equal retaliation). In Arabic, the word means both blood money and ransom, and it is spelled sometimes as diyah or diyeh.

Diya compensation rates have historically varied based on the gender and religion of the victim. Muslim women victims have typically been compensated at half the rate as Muslim male victims, while non-Muslims compensation rates have varied between 1/16 to 1/2 of a Muslim, for an equivalent case.

The "Qur'an" specifies the principle of Qisas (i.e. retaliation) and compensation (diyah) in cases where one Muslim kills another Muslim.

It is not for a believer [Muslim] to kill a believer unless (it be) by mistake. He who hath killed a believer by mistake must set free a believing slave, and pay the blood-money to the family of the slain unless they remit it as a charity. If he (the victim) be of a people hostile unto you, and he is a believer, then (the penance is) to set free a believing slave. And if he cometh of a folk between whom and you there is a covenant, then the blood-money must be paid unto his folk and (also) a believing slave must be set free. And whoso hath not the wherewithal must fast two consecutive months. A penance from Allah. Allah is Knower, Wise.

The hadiths, similarly, have numerous sunnah relating to diya,

Narrated Abu Juhaifa: I asked 'Ali "Do you have anything Divine literature besides what is in the Qur'an?" Or, as Uyaina once said, "Apart from what the people have?" 'Ali said, "By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Quran and the ability (gift) of understanding Allah's Book which He may endow a man, with and what is written in this sheet of paper." I asked, "What is on this paper?" He replied, "The legal regulations of Diya (Blood-money) and the (ransom for) releasing of the captives, and the judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever)."

Narrated Hisham's father: 'Umar asked the people, "Who heard the Prophet giving his verdict regarding abortions?" Al-Mughira said, "I heard him judging that a male or female slave should be given as a Diyya." 'Umar said, "Present a witness to testify your statement." Muhammad bin Maslama said, "I testify that the Prophet gave such a judgment."


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