Assignment

Concept of Diyat (‫)دية‬

Submitted by: Asma Hashmi

Submitted to: Dr. Shahzadi Pakeeza
Submitted on: 12 September, 2019
Semester: B7
Course: Criminal law of Islam
Dept: Islamic Studies

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Contents

Introduction ......................................................................................Error! Bookmark not defined.

The Definition Of Blood Money From The Perspective Of Jurist……………………………3

The Concept Of Blood Money From The Lawyers’ Perspective……………………………...4

Diyat as a Pre-Islamic Tribal Tradition………………………………………………….……..5

Diyat in Classical Islamic Law…………………………………………………………… ……..5

Overview of the Contemporary Application of the Diyat Principle in Some Muslim

Countries…………………………………………………………………………………………E
rror! Bookmark not defined.
Pakistani law regarding Diyat ..................................................................................................... 8
Value of diyat in Pakistan for the fiscal year 2019-2020 ......................................................... 13
Proof of crime of hurt…………………………………………………………………………..13

The Kinds In Which Diyat Is To Be Paid……………………………………………………..14

The Quantity Due In Each Kind……………………………………………………………….14

Conclusion ................................................................................................................................... 14
References .................................................................................................................................... 14

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Introduction
Diyat is the financial compensation paid to the heirs of a victim in the cases of murder or bodily
harm . It is an alternative punishment to Qisas (equal retaliation).
In Arabic, the word means both blood money and ransom. Diyyah compensation rates,
under Sharia, have historically varied based on the gender and religion of the victim.1 It originates
from pre-Islamic practice as an alternative for revenge; diyat gives a chance for the victim’s family
to pardon the offender and accept a monetary form of compensation as a substitute for equal
punishment. The diyat formulation has been widely accepted, thus saving a process of bargaining
for values between the offender and the victim or family. Perhaps in the modern-day practice of
punishment and sentencing, diyat has the potential, as an alternative, not only for imprisonment in
a typical overcrowded cell but also as a means of facilitating out-of-court settlement through
mediation. 2

The Definition Of Blood Money From The Perspective Of Jurists:3

Shiite jurists
Some Shiite scholars, such as Ahmad Edris Evaz defined blood money as a property or financial
compensation has to be paid due to the physical damages.
Imam Khomeini stated that: blood money is a financial compensation has to be paid due to the
physical damages, either its amount is determined by religious or not. Sometimes it is just refers
to the determined one, and what is not determined is called “Arsh”.
It is stated in the margins of the book “Sharh -e- Lamee”: blood money is a financial compensation
given to the family of the killed victim.
It is stated in the book named “Civil Liability or Compensation” that the civil liability is a fine or
financial compensation that Muslim legislator has made it obligatory in order to compensate the
physical damages, if the crime is recognized as a deliberate or intentional crime.

Hanafi Jurists
Most of the Hanafi jurists says the term “Diye” means blood money derived from “Ada”; and it is
a property which is given due to compensate non financial damages, it is paid to compensate
physical damages or killing someone.

1
Tayyab Haneef , Islamic Law of Crimes.pdf , pg.6
2
Siti Zubaidah Ismail , The Modern Interpretation of the Diyat Formula for the Quantum of Damages:
The Case of Homicide and Personal Injuries , pg.362.

3
Rahmatollah Babaei Estakhrsari , An Investigation of the Concept of Blood Money from the Islamic Jurists and
Lawyers’ Perspective.

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Al- Mouseli, another Hanafi jurist, defined blood money as something which is paid. It is called
blood money because the murder is the cause of such payment to the victim’s family. Hence, it
just refers to compensation of a murder. Compensation of other kinds of damages is not called
blood money.
Other Hanafi jurists have defined the blood money as a financial compensation which is paid for
a murder, and “Arsh” is a financial compensation which is paid for other kinds of physical
damages.

Shafi'i jurists
AL- Ansari believes that Diat is the plural form of Diye the property or money which have to be
paid due to murder or other physical damage .
Sheikh Abdoh, another Shafi'i jurist regarding the necessity of the blood money stated that: “In
fact, blood money has to be paid in order to console and satisfy the murdered victim’s family and
avoid hatred and enmity between the parties” .
Other Shafi’i scholars have described the blood money as money which shall be obligatory due to
a crime, either murder or physical damages.

Hanbali jurists
Hanbali jurists, including Al- Bohouti has defined blood money or Diye with the following words:
Diyat is the plural form of Diye refers to the money which is paid to victim or his family because
of a crime.

Maliki jurists
Maliki religious scholars, don’t give any definition for blood money, and called it just “reason”
without giving any specific definition. Diye or blood money is called “reason” because it prohibits
and prevents audacity and courage in bleeding. And one of the meanings of“reason” is prohibition.
They believe that the one who pay the blood money is a wise person.
Al- Gharatbi, one of the most famous interpreters of this religion, in his book, Total Jurisprudence
of Quran, stated that, or blood money is money which is paid to a murdered victim’s family.
Ibn al-Arabi, one of Maliki jurists, compared the philosophy of the blood money and revenge, and
stated that blood money would be paid in order to compensate the damages, and revenge would be
done in order to deter people from committing such an act. He believes that, one who committed
manslaughter needs moderateness and doesn’t deserve revenge.

The Concept Of Blood Money From The Lawyers’ Perspective:4

Dr. Ali Saghegh Abouheif define blood money as a what murder gives to a victim or his family
instead of the blood he waste.

4
Rahmatollah Babaei Estakhrsari , An Investigation of the Concept of Blood Money from the Islamic Jurists and
Lawyers’ Perspective.

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Abdul Qadir Awdoh defined blood money as the first choice to substitute retaliation and revenge.
So, whenever retaliation, which is the main punishment, is being stopped for every reason, and the
criminal isn’t still forgiven, blood money substitutes it. Retaliation or revenge is a punishment for
premeditated murder, and blood money is a punishment for manslaughter.
Ahmad defined blood money as a substitute punishment and explained that, if the main punishment
is not operable due to legal reasons, the substitute punishment replaces it.
Dr. Ali Ahmad Rashed defined blood money as money or property given to an injured victim or a
murdered victim’s family in order to satisfy them.

Diyat as a Pre-Islamic Tribal Tradition

Diyat is a pre-Islamic tribal custom that has been integrated into classical Islamic Sharia law.
During the ancient times of pre-Islamic Arabia, the relations between tribesmen were characterized
as “hostile,” and the main reason for this hostility was due to the practice or exercise of personal
revenge for homicide ,which was taken not only against the culprit, but also against the culprit’s
tribesmen. Diyat, which often came in the form of payment , emerged as the peaceful alternative
to tribes’ acts of revenge. The paternal relatives of the murderer were obligated to pay diyat to the
heirs of the murdered member of the other tribe; if they could not or did not pay, then the relatives
of the victims were entitled to revenge. In those specific instances, however, diyat was often paid
by the entire tribe from a special fund, and thus, through the tribe’s support, the murderer was
exempted from criminal prosecution even if his relatives were unable to provide compensation for
murder. As one scholar observed, entire clans and tribes could perish in a blood feud: the killing
of one man entailed the killing of another in retaliation, so that one could not estimate the number
of potential victims. In light of the merits of diyat — of both preventing inter-tribal warfare and
unifying various tribes — diyat was integrated into Islam. As such, diyat is mentioned throughout
Islamic jurisprudence, but it is principally regulated by Islamic criminal law.5

Diyat in Classical Islamic Law

The actual amount of diyat is set under classical Sharia law doctrine as the value of “a hundred
camels” for a free Muslim male, a value which is reduced if the victim was a woman, a non-
Muslim, or a slave, under the different schools of Islamic legal thought: Hanafi, Maliki, Shafi’i,
Hanbali and Shia. All five schools prescribe that a woman’s blood price should be half that of a
man’s, though they vary on the value of a nonMuslim.The final sum in settlement can be paid by
the perpetrator himself, his heirs or family, or the perpetrator’s neighbors or tribe. As such, similar
to the pre-Islamic times of combatant tribes, the principle of diyat continues to represent a concept
of collective responsibility in intentional homicide cases, involving the victim’s family, the
criminal, and the state.6

Overview of the Contemporary Application of the Diyat Principle in Some

Muslim Countries

5
Daniel Pascoe , Is Diya A Form Of Clemency? , Boston University International Law Journal , pg .152-154,
6
Ibid pg .156-157

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The practice of diyat as a formula for compensation is very much related to the custom, history
and background of the countries that succeed in its implementation. Since diyat was the tribal
custom in the past, customary law continues to enjoy various degrees of autonomy alongside
Sharī‘ah, especially in the thirteen present-day authorities of the Middle East, Africa and South
Asia that are strong supporters of the death penalty: Iran, Saudi Arabia, Yemen, United Arab
Emirates, Kuwait, Bahrain, Sudan, northern Nigeria, Somalia, Libya, Afghanistan, Pakistan, and
Jordan.7 Of these countries, Saudi Arabia, Pakistan and Iran are the three Muslim countries that
employ diyat and perform the greatest number of executions. All thirteen of these authorities use
the death penalty as a judicial punishment for murder but simultaneously provide the murderer the
option to pay diya to the victim’s next of kin to escape execution. Given the vast geographical
spread of these societies, and their respective political and economic conditions and cultural norms,
the modern law of diyat is complex. The modern law of diyat also results from the interaction
between tribal traditions, classical Islamic jurisprudence and the colonial influences apparent in
each of the authorities listed.8Following is the list9 of some countries that apply different methods
of diyat payment or its alternatives to be paid to victim’s family:

Countries Different methods of Diyat payment and its

alternatives
Saudi Arabia Wealthy princes pay the diyat on behalf of
culprits that do not have the means .
Even after the victim’s family has accepted
compensation or freely pardons the culprit,
courts still have power under Sharī‘ah to
impose a fitting punishment, by way of ta’zīr
on the culprit for having offended against the
law. Courts in Saudi Arabia now impose a
prison sentence of up to five years or less as
ta’zīr.
Saudi Arabia’s supreme judicial authority
tripled the diyat price for a male Muslim .
The statutory minimum payment for a Muslim
man is around $26,000 and a non-Muslim
about half of that amount.
Sudan By virtue of the Criminal Act 1991, Section
42(1) states that compensation ought to be paid
by camels or its value.
Kuwait It is provided under Kuwaiti Civil Code 1980
that the value of diyat is KD10,000, whilst the
value of diyat for physical injuries is also
provided under Article 254.

7
Siti Zubaidah Ismail , The Modern Interpretation of the Diyat Formula for the Quantum of Damages: The Case of
Homicide and Personal Injuries , Pg.377
8
Daniel Pascoe, Is Diya A Form Of Clemency? ,Boston University International Law Journal , pg .158
9
Daniel Pascoe , Is Diya A Form Of Clemency? Boston University International Law Journal, pg .159-161 AND
Siti Zubaidah Ismail , The Modern Interpretation of the Diyat Formula for the Quantum of Damages: The Case of
Homicide and Personal Injuries, Pg . 377-378

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 Jordan Under Jordanian law, the standard value of
diyat is 333 dinar, as clearly stated under the
Moslem Courts Jurisdiction Act 1952.
Palestine In Palestine, Section 43(2) of the Criminal
Code Ordinance provides that the standard
diyat rate is 100 pounds.
Indonesia In terms of application, it was reported that an
Indonesian maid was accidentally shot by a
nine year-old child in Jeddah. The child’s
family paid SR50,000 diyat to the family of the
deceased
UAE The judicial system of the UAE set the
equivalent diyat price to $54,450, and an UAE
judge stated that the compensation amount
depends on the lawyers’ demonstration to the
judge the extent of the damages.
The equivalent tazir penalty is a minimum of
three years and a maximum of seven years
imprisonment
Pakistan In Pakistan for example, the offences of qisās ̣
and ̣ diyat have been incorporated into the
Pakistan Penal Code 1860 (through the latest
amendment) and put under the “offences
affecting the human body”. It is a statute
applied to Muslims and non-Muslims alike
For judges in Pakistan, some of the
considerations in setting a price include the
“seriousness of the crime, the intent of the
offender, the financial status of the victim, and
the status and resources of the offender.”
In Pakistan, the Qisas and Diyat Law now
provides the legal heirs of the deceased the
right to make a compromise with the offender,
even at the last moment before execution of
sentence.
Iran Iran also provides the right to a victim’s family
members to make a compromise with the
offender, even at the last moment before
execution of sentence, which in practice may
have contributed to the sparing of 358 Iranians
from execution in 2013.
The government also can negotiate on behalf
of the criminal.
Article 612 of the 1996 Islamic Penal Code
allows for three to ten years’ imprisonment —
effectively becoming a tazir punishment .

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 In Iran, the diyat is round off at $62,500 for a
Muslim man in 2012.
Nigeria Certain northern Nigerian states have imposed
substituted punishments of one hundred lashes
and a year of imprisonment.

Pakistani law regarding Diyat:10

323. Value of diyat:
(1) The Court shall, subject to the Injunctions of Islam as laid down in the Holy Qur'an and Sunnah
and keeping In view the financial position of the convict and the heirs of the victim, fix the value
of diyat which shall not be less than the value of 30,630 grams of silver.
(2) For the purpose of sub-section (1), the Federal Government shall, by notification in the official
Gazette, declare the value of Silver, on the first day of July each year or on such date as it may
deem fit, which shall be the value payable during a financial year.

330. Disbursement of diyat:

The diyat shall be disbursed among the heirs of the victim according to their respective shares in
inheritance: Provided that, where an heir foregoes his share, the diyat shall not be recovered to the
extent of his share.

331. Payment of Diyat:

(1) The diyat may be made payable in lumpsum or in instalments spread over a period of three
years from the date of the final judgment.
(2) Where a convict fails to pay diyat or any part thereof within the period specified in subsection
(1), the convict may be kept in jail and dealt with in the same manner as if sentenced to simple
imprisonment until the diyat is paid full or may be released on bail If he furnishes security
equivalent to the amount of diyat to the satisfaction of the Court.
(3) Where a convict dies before the payment of diyat or any part thereof, it shall be recovered from
his estate.

332. Hurt:
(1) Whoever causes pain, harm, disease, infianity or injury to any person or impairs, disables or
dismembers any organ of the body or part thereof of any person without causing his death, is said
to cause hurt.

10
Pakistan Penal Code (XLV OF1860) ; Chapter XVI of offences affecting the human body ; Of offences Affecting Life
(https://www.oecd.org/site/adboecdanti-corruptioninitiative/46816797.pdf)

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(2) The following are the kinds of hurt : (a) Itlaf-i-udw (b) itlaf-i-salahiyyat-i-udw (c) shajjah (d)
jurh and (e) all kinds of other hurts.

333. Itlaf-i-udw:
Whoever dismembers, amputates, severs any limb or organ of the body of another person is said
to cause Itlaf-i-udw.

334. Punishment for Itlaf-udw:

Whoever by doing any act with the intention of thereby causing hurt to any person, or with the
knowledge that he is likely thereby to cause hurt to any person causes Itlaf-i-udw of any person,
shall, in consultation with the authorised medical officer, be punished with qisas, and if the qisas
is not executable keeping in view the principles of equality in accordance with the Injunctions of
Islam, the offender shall be liable to arsh and may also be punished with imprisonment of either
description for a term which may extend to ten years as ta'zir.

335. Itlaf-i-salahiyyat-i-udw:
Whoever destroys or permanently impairs the functioning, power or capacity of an organ of the
body of another person, or causes permanent disfigurement is said to cause itlaf-i-salahiyyat-i-
udw.

336. Punishment for itlaf-i-salahiyyat-i-udw :

Whoever, by doing any act with the intention of causing hurt to any person, or with the knowledge
that he is likely to cause hurt to any person, causes itlaf-i-salahiyyat-i-udw of any person, shall, in
consultation with the authorised medical officer, be punished with qisas and if the qisas is not
executable, keeping in view the principles of equality in accordance with the Injunctions of Islam,
the offender shall be liable to arsh and may also be punished with imprisonment of either
description for a term which may extend to ten years as taz’ir.

337. Shajjah :
(1) Whoever causes, on the head or face of any person, any hurt which does not amount to itlaf-i-
udw or itlaf-i-salahiyyat-i-udw, is said to cause shajjah.
(2) The following are the kinds of shajjah namely:- (a) Shajjah-i-Khafifah (b) Shajjah'i-mudihah
(c) Shajjah-i-hashimah (d) Shajjah-i-munaqqilah (e) Shajjah-i-ammah and (f) Shajjah-i-damighah
(3) Whoever causes shajjah
(i) without exposing bone of the victim, is said to cause shajjah-i-khafifah;
(ii) by exposing any bone of the victim without causing fracture, is said to cause shajjah-i-mudihah;
(iii) by fracturing the bone of the victim, without dislocating it, is said to cause shajjah-i-hashimah;
(iv) by causing fracture of the bone of the victim and thereby the bone is dislocated, is said to cause
shajjah-i-munaqqilah;

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(v) by causing fracture of the skull of the victim so that the wound touches the membrane of the
brain, is said to cause shajjah-i-ammah;
(vi) by causing fracture of the skull of the victim and the wound ruptures the membrane of the
brain is said to cause shajjah-i-damighah.

337-A. Punishment of shajjah :

Whoever, by doing any act with the intention of thereby causing hurt to any person, or with the
knowledge that he is likely thereby to cause hurt to any person, causes—
(i) Shajjah-I-khafifah to any person, shall be liable to daman and may also be punished with
imprisonment of either description for a term which may extend to two years as ta'zir,
(ii) shajjah-i-mudihah to any person, shall, in consultation with the authorised medical officer, be
punished with qisas, and if the, qisas is not executable keeping in view the principles of equality,
in accordance with the Injunctions of Islam, the convict shall be liable to arsh which shall be five
percent of the diyat and may also be punished with imprisonment of either description for a term
which may extend to five years as ta'zir,
(iii) shajjah-i-hashimah to any person, shall be liable to arsh which shall be ten per cent of the diyat
and may also be punished with imprisonment of either description for a term which may extend to
ten years as ta'zir,
(iv) shajjah-i-munaqqilah to any person, shall be liable to arsh which shall be fifteen per cent of
the diyat and may also be punished with imprisonment of either description for a term which may
extend to ten years as ta 'zir,
(v) shajjah-i-ammah to any person, shall be liable to arsh which shall be one-third of the diyat and
may also be punished with imprisonment of either description for a term which may extend to ten
years as ta'zir, and
(vi) shajjah-i-damighah to any person shall be liable to arsh which shall be one-half of diyat and
may also be punished with imprisonment of either description for a term which may extend to
fourteen years as ta'zir.

337-B. Jurh:
(1) Whoever causes on any part of the body of a person, other than the head or face, a hurt which
leaves a mark of the wound, whether temporary or permanent, is said to cause jurh.
(2) Jurh is of two kinds, namely:- (a) Jaifah ; and (b) Ghayr-jaifah

337-C. Jaifah :
Whoever causes jurh in which the injury extends to the body cavity of the trunk, is said to cause
jaifah.

337-D. Punishment for jaifah :

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 Whoever by doing any act with the intention of causing hurt to a person or with the knowledge
that he is likely to cause hurt to such person, causes jaifah to such person, shall be liable to arsh
which shall be one-third of the diyat and may also be punished with imprisonment of either
description for a term which may extend to ten years as ta'zir.

337-E. Ghayr-jaifah :
(1) Whoever causes jurh which does not amount to jaifah, is said to cause ghayr-jaifah.
(2) The following are the kinds of ghayr-faifah, namety:- (a) damiyah (b) badi'ah (c) mutalahimah
(d) mudihah (e) hashimah ; and (f) munaqqilah
(3) Whoever causes ghayr-jaifah—
(i) in which the skin is ruptured and bleeding occurs, is said to cause damiyah;
(ii) by cutting the flesh without exposing the bone, is said to cause badi'ah;
(iii) by lacerating the flesh, is said to cause mutalahimah',
(iv) by exposing the bone, is said to cause mudihah;
(v) by causing fracture of a bone without dislocating it, is said to cause hashimah; and
(vi) by fracturing and dislocating the bone, is said to cause munaqqilah.

337-F. Punishment of ghayr-jaifah :

Whoever by doing any act with the intention of causing hurt to any person, or with the knowledge
that he is likely to cause hurt to any person, causes"
(i) damihah to any person, shall be liable to daman and may also be punished with
imprisonment of either description for a term which may extend to one year as ta'zir,
(ii) badi'ah to any person, shall be liable to daman and may also be punished with
imprisonment of either description for a term which may extend to three years as ta'zir,
(iii) mutafahimah to any person, shall be liable to daman and may also be punished with
imprisonment of either description for a term which may extend to three years as ta'zir;
(iv) mudihah to any person, shall be liable to daman and may also be punished with
imprisonment of either description for a term which may extend to five years as ta'zir,
(v) hashimah to any person, shall be liable to daman and may also be punished with
imprisonment of either description for a term which may extend to five years as ta'zir, and
(vi) munaqqilah to any person, shall be liable to daman and may also be punished with
imprisonment of either description for a term which may extend to seven years as ta'zir.

337-G. Punishment for hurt by rash or negligent driving:

Whoever causes hurt by rash or negligent driving shall be liable to arsh or daman specified for the
kind of hurt caused and may also be punished with imprisonment of either description for a term
which may extend to five years as ta'zir.

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337-H. Punishment for hurt by rash or negligent act:
(1) Whoever causes hurt by rash or negligent act, other than rash or negligent driving, shall be
liable to arsh or daman specified for the kind of hurt caused and may also be punished with
imprisonment of either description for a term which may extend to three years as ta'zir.
(2) Whoever does any act so rashly or negligently as to endanger human life or the personal safety
of other, shall be punished with imprisonment of either-description for a term which may extend
to three months, or with fine, or with both.

337-I. Punishment for causing hurt by mistake (khata):

Whoever causes hurt by mistake (khata) shall be liable to arsh or daman specified for the kind of
hurt caused.

337-J. Causing hurt by mean of a poison:

Whoever administers to. or causes to be taken by, any person, any poison or any stupefying,
intoxicating or unwholesome drug, or such other thing with intent to cause hurt to such person, or
with intent to commit or to facilitate the commission of an offence, or knowing it to be likely that
he will thereby cause hurt may, in addition to the punishment of arsh or daman provided for the
kind of hurt caused, be punished, having regard to the nature of the hurt caused, with imprisonment
of either description for a term which may extend to ten years.

337-K. Causing hurt to extort confession, or to compel restoration of property:

Whoever causes hurt for the purpose of extracting from the sufferer or any person interested in
the sufferer any .confession or any information which may lead to the detection of any offence or
misconduct, or for the purpose of constraining the sufferer, or any person interested in the Sufferer,
to restore, or to cause the restoration of, any property or valuable security or to satisfy any claim
or demand, or to give information which may lead to the restoration of any property, or valuable
security shall, in addition to the punishment of qisas, arsh or daman, as the case may be, provided
for the kind of hurt caused, be punished, having regard to the nature of the hurt caused, with
imprisonment of either description for a term which may extend to ten years as ta'zir.
337-L. Punishment for other hurt:
(1) Whoever causes hurt, not mentioned hereinbefore, which endangers life or which causes the
sufferer to remain in severe bodily pain for twenty days or more or renders him unable to follow
his ordinary pursuits for twenty days or more, shall be liable to daman and also be punished with
imprisonment of either description for a term which may extend to seven years.
(2) Whoever causes hurt not covered by sub-section (1) shall be punished with imprisonment of
either description for a term which may extend to two years, or with daman, or with both.

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Value of diyat in Pakistan for the fiscal year 2019-2020:
The federal government increased the value of Diyat (blood money) from Rs2055,936 to
Rs2320,202 for the fiscal year 2019-2020.According to the notification issued by the Ministry of
Finance, the blood money value is equivalent to 30,630 grams of silver.The declaration is part of
“Qisas and Diyat” Ordinance 1990.11

Proof of crime of hurt:12

The crime of hurt liable to Qisas is proved either by:
 The confession of accused without any coercion or
 By the testimony of 2 adult, sane and credible witnesses.
The crime of hurt liable for compensation whether prescribed or unprescribed and the crime of
hurt by mistake is proved by:
 The confession of accused or
 By the testimony of 2 witnesses or one witness
 Or circumstantial evidence or any other evidence which proves the guilt to the satisfaction
of court.

11
https://tribune.com.pk/story/2004068/1-govt-fixes-new-value-diyat/
12
Prof.Dr. Anwarullah ,The Criminal Law Of Islam, pg.121

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The Kinds In Which Diyat Is To Be Paid
According to Imam Malik and Imam Abu Hanifa diyat will be paid in camels, gold and silver.All
these kinds may be given or anyone of them may be paid as diyat.Thus, diyat may be paid in the
from of only camels,or in the form of gold or silver exclusively; for each of these kinds is
exchangeable for the other.According to Imam Ahmad , Imam Abu Yousuf and Imam Muhammad
payment of diyat in six kinds is justifiable : camel , gold , silver, cow , goat and suits of
garments.The remaining jurists say that camels , gold , silver etc. are actually the substitute and
compensation for the loss of victim.The basic quality of all these things is same and as such no
distinction is to be made between one kind and another.Thus ,if camel, gold ,siver ,cow, goat ,or
the suits of garment are treated as the basic forms of diyat, the person entitled to qisas cannot
refuse to accept any of these things , nor can he demand any other thing. Therefore, the choice
of the kind in which payment is to be made lies with the person paying diyat and with the one who
receives it but if the latter claims that camel is the basic form of payment, then killer will be under
obligation to provide faultless camels.if the supply of camels is short and killer is unable to get
them , he will have to pay their price, however high it may be even if it may be.13

The Quantity Due In Each Kind

The amount of diyat due in camels is a 100 heads and in gold 1000 dinar .as regards silver, Imam
Malik, Imam Ahmed and earlier opinion of Imam Shafi’ the amount due is fixed at 12000 dirhams
, while Imam Abu Hanifa prescribes 10000 dirhams. Diyat due on the form of cows will be 200
heads , in the form of goats 2000 heads and in garments 200 suits. 14

Conclusion
Diyat originates from pre-Islamic practice as an alternative for revenge; diyat gives a chance for
the victim’s family to pardon the offender and accept a monetary form of compensation as a
substitute for equal punishment. It is an alternative punishment to Qisas (equal retaliation). The
diyat formulation has been widely accepted and practically applied by many Muslim countries.
Perhaps in the modern-day practice of punishment and sentencing, diyat has the potential, as an
alternative, not only for imprisonment in a typical overcrowded cell but also as a means of
facilitating out-of-court settlement through mediation and big use of applying diyat is that offender
is saved from death penalty in many cases.

References
Ahmed, D. (2008). Crime And Punishment Under Islamic Law. New Delhi, India: Anmol
Publications.

Anwarullah, P. D. (2006). The Criminal Law of Islam. Kitab Bhavan.

Estakhrsari, R. B. (2015, june). An Investigation of the Concept of Blood Money from the. Asian
Journal of Humanities and Social Studies, 3.

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Dr . (mufti) M. Mukarram Ahmed , Crime And Punishment Under Islamic Law, pg. 230-231
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Dr . (mufti) M. Mukarram Ahmed , Crime And Punishment Under Islamic Law, pg. 231

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Haneef, T. (n.d.). Islamic Law of Crimes. Lahore, Punjab, Pakistan.

Ismail, S. Z. (2012). The Modern Interpretation of the Diyat Formula for the Quantum of
Damages:The Case of Homicide and Personal Injuries. Arab Law Quarterly, 361-379.

Pascoe, D. (2016). Is diya a form of clemency? Boston university international law journal, 149-
179.

https://tribune.com.pk/story/2004068/1-govt-fixes-new-value-diyat/
https://www.oecd.org/site/adboecdanti-corruptioninitiative/46816797.pdf

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