Definition and Purpose
Diyah refers to the financial compensation prescribed in Islamic law for cases of homicide or bodily injury. It is designed as a restorative mechanism that balances justice for victims with opportunities for forgiveness and reconciliation within society. For instance, if someone causes accidental death, the victim’s family may receive Diyah (blood money i.e. compensation) instead of pursuing retaliation (qisas). In cases of bodily injury—such as the loss of an eye or a limb—specific amounts of compensation are outlined to restore fairness and dignity.
This system allows families to choose between strict justice and mercy: they may accept compensation, forgive the offender, or pursue qisas. Rooted in the Qurʾān, the Sunnah, and the consensus of scholars (ijma), Diyah reflects the broader Islamic emphasis on accountability while also encouraging social harmony.
Primary Scriptural Foundations
- Qurʾān:
“O you who believe! Al-qiṣāṣ is prescribed for you in cases of murder… But if the culprit is pardoned by the victim’s kindred, then payment (of diyah) should be made in fairness and paid kindly.” (Surah al-Baqarah 2:178)
“Never should a believer kill a believer except by mistake… then the payment of diyah to the deceased’s family is due, unless they remit it as charity.” (Surah an-Nisāʾ 4:92)
- Sunnah:
The Prophet (ﷺ) fixed the standard diyah for a free Muslim male at 100 camels (Ṣaḥīḥ al-Bukhārī 6891; Sunan Abī Dāwūd 4530).
Classification of Homicide and Corresponding Rulings
|
Type of Killing |
Primary Penalty |
Diyah Applicability |
Who Bears the Burden |
|
Qatl ʿamd (Intentional) |
Qiṣāṣ (execution) |
Only if heirs forgive and accept diyah |
Perpetrator personally |
|
Qatl shibh al-ʿamd (Quasi-intentional) |
No qiṣāṣ |
Heavy (mughallaẓah) diyah – mandatory |
Perpetrator personally (majority view) |
|
Qatl khaṭaʾ (Accidental) |
No qiṣāṣ |
Standard diyah – mandatory |
Traditionally ʿaqīlah; now often state/offender or insurance |
- Amount of Full Diyah (Classical Standard)
- 100 camels (most authoritative)
- Equivalent values: 200 cattle, 1,000 dinars (gold), or 12,000 dirhams (silver)
- Modern Muslim states convert this into national currency, adjusted annually for inflation.
- Diyah for Bodily Injuries (Arsh – Fixed Compensation)
|
Injury |
Compensation |
|
Loss of life |
Full diyah |
|
Loss of both eyes, hands, feet, or sanity |
Full diyah |
|
Loss of one eye, hand, foot, or tongue |
½ diyah |
|
Loss of hearing or speech |
Full diyah |
|
Loss of one ear or one testicle |
½ diyah |
|
Loss of a single tooth |
1/20 diyah |
|
Other injuries (no fixed tariff) |
Discretionary (ḥukūmat al-ʿadl) up to full diyah |
Beneficiaries
Diyah is distributed according to the Islamic laws of inheritance (farāʾiḍ) among the victim’s legal heirs.
Payment Responsibility in Modern Practice
The traditional ʿaqīlah (paternal kinsmen) system has largely been replaced.
Most contemporary jurisdictions require the offender to pay (often in instalments), supplemented by state funds or compulsory takaful/insurance schemes when necessary.
Philosophical and Ethical Underpinnings
Islamic law grants the victim’s heirs three options:
- Qiṣāṣ (retaliation)
- Diyah (compensation) with forgiveness
- Complete pardon without compensation (highest spiritual reward – Qurʾān 42:40)
This framework uniquely combines retribution, restitution, deterrence, and mercy, making diyah a cornerstone of restorative justice in Islamic criminal law.
Diyah vs. Modern Tort Compensation
|
Aspect |
Diyah |
Modern Tort Damages |
|
Source |
Divine legislation |
Secular civil law |
|
Amount |
Fixed or structured by sharīʿah |
Determined by courts |
|
Forgiveness |
Explicitly encouraged and rewarded |
Rarely a formal legal option |
|
Purpose |
Justice + reconciliation + mercy |
Primarily financial compensation |
Contemporary Implementation (2025)
Fully codified: Saudi Arabia, UAE, Qatar, Sudan, northern Nigeria, Pakistan (Qisas & Diyat Ordinance), Iran
Applied in shariah courts for Muslims: Malaysia, Brunei, Indonesia (Aceh)
Monetary equivalents updated annually (e.g., Saudi Arabia ≈ 300,000–400,000 SAR; Pakistan ≈ PKR 7–12 million; Iran ≈ 1.5–2.5 billion tomans for 1446–1447 AH)
Impact of Blood Money on Modern Criminal Law
Blood money (diyah) continues to shape modern criminal law by exposing deep tensions between restorative justice and deterrence. In some jurisdictions, it allows victims’ families to pardon offenders—sometimes commuting even capital punishment—in exchange for financial compensation, as illustrated by the ongoing case of Nimisha Priya in Yemen. Yet courts, including India’s Supreme Court, have repeatedly condemned its application in heinous crimes (e.g., acid attacks and rape-murders), warning that private monetary settlements risk trivializing grave offenses and undermining public justice. Blood money thus crystallizes a fundamental clash: whether serious crimes should be resolved through reconciliation and compensation, or whether they demand irrevocable punishment.
Conclusion
Diyah remains one of the most distinctive pillars of Islamic criminal justice. It is not merely a mechanism of financial compensation, but a profound institution that embodies the values of justice, mercy, and reconciliation. By offering victims structured redress while keeping open the door to forgiveness, Diyah ensures that accountability does not eclipse compassion. It recognizes the dignity of victims, affirms the responsibility of offenders, and at the same time nurtures the broader social harmony that Islamic law seeks to protect. In this way, Diyah stands as a reminder that true justice is not only about punishment, but about restoring balance, healing wounds, and strengthening the bonds of community.
