Sunday, March 25, 2012

Her Worth. Blood money and equality in punishment in Islam.

There is a verse in the Qur’an :O ye who believe! The law of equality is prescribed to you in cases of murder: the free for the free, the slave for the slave, the woman for the woman.But if any remission is made by the brother of the slain, then grant any reasonable demand, and COMPENSATE HIM WITH HANDSOME GRATITUDE. This is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave chastisement.









This obscure verse collided with U.S policy on January 27th 2011 when CIA agent Raymond Allen Davis shot and killed two Muslim Pakistinian men. On March 16th, 2011 in accordance to Islamic law, 2.34 million dollars was quietly paid to their families. The U.S denied having paid blood money.

So, what is Blood money(Diyyah) and Equality in Punishment(Qisas)? Like the Old Testament in the Bible, Islam also believes in equality in punishment (eye for an eye, tooth for a tooth). But in Islam, there is a provision where the heirs can accept ransom in place of the murderers death. But, this ONLY applies to Muslims, unbelievers don’t have the same rights. A Muslim’s family can demand the death of an unbeliever but an unbeliever’s family cannot demand the death of a Muslim. This is illustrated in the Hadiths:


Sahih Bukhari Volume 9, Book 83, Number 50:
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)."

Malik's Muwatta
Book 43, Number 43.15.8b:
Yahya related to me from Malik that he heard that Umar ibn Abd al-Aziz gave a decision that when a jew or christian was killed, his blood-money was HALF THE BLOOD-MONEY OF A FREE MUSLIM..

Malik said, "What is done in our community, is that a muslim is not killed for a kafir unless the muslim kills him by deceit. Then he is killed for it."

Yahya related to me from Malik from Yahya ibn Said that Sulayman ibn Yasar said, "The blood-money of a Magian is Eight Hundred Dirhams. Malik said, "This is what is done in our community."

Malik said, "The blood-monies of the jew, christian, and magian in their injuries, is according to the injury of the muslims in their blood-moneys. The head wound is a TWENTIETH of his full blood-money. The wound that opens the head is a THIRD of his blood-money. The belly-wound is a THIRD of his blood-money. All their injuries are according to this calculation."

In Saudi Arabia, the prescribed blood rates are as follows:
  • 100,000 riyals for a Muslim male
  • 50,000   riyals for a Jew or Christian male
  • 6,666     riyals for any other religions
NOTE!!! In the case of death of a FEMALE, death compensation allowed is EQUAL TO HALF the amount as admissible to males professing the same religion.
source:http://www.cgijeddah.com/cgijed/Welfare/deathbooklet.htm

 Is her value really only 3.33% of a Muslim male?


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