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Fatawaa


Subject : Ruling on Woman`s Participation in Paying Diyah

Fatwa Number : 3546

Date : 15-12-2019

Classified : Punishments

Fatwa Type : Search Fatawaa


Question :

Is the woman required to participate, along with the `aaqilah of the killer, in paying the Diyah of unintentional killing?



The Answer :

Praise be to Allah the Lord of the Worlds.

Diyah in Islamic Law is the financial compensation paid to the victim or heirs of a victim in cases of murder or bodily harm. In the event of intentional as well as semi-intentional killings, the Diyah must be paid by the ‘aaqilah of the killer, i.e., by his male relatives on his father’s side, the father, paternal grandfathers, full brothers, half-brothers on the father’s side and their sons, and paternal uncles and their sons. Accordingly, the woman isn`t required to shoulder any financial burdens resulting from such killings since Allah means to relieve her of any burdens in this regard. The following Hadith attests to this: "Abu Huraira reported that Allah's Messenger (pbuh) gave judgment in case of the abortion of a woman of BanuLihyan (that the offender and near relative should give compensation in the form of) good quality of a slave or a slave-girl. And the woman about whom the judgment was given for compensation died and thereupon Allah's Messenger (pbuh) gave judgment that her inheritance goes to her sons and her husband, and the payment of the blood-wit lies with the family of (one who struck her)."{Muslim}.

"Al-Shafie(May Allah be pleased with him) said, "There is no disagreement amongst scholars that `aaqilais the the killer`s relatives from his father`s side, that the woman and the boy-evenrich-aren`t required to bear any financial burdens resulting from the killer`s crime and that this ruling applies to the lunatic."{Moghni al-Mohtaaj, 5/358}.

In conclusion, the woman isn`t required to take part in paying the Diyah, even if she is rich. However, if she volunteers with the `aaqilain this regard then she will receive the reward of charity since this is helping in righteousness and piety as well as helping the needy who appeals for help. Allah the Almighty says, "Help ye one another in righteousness and piety, but help ye not one another in sin and rancour: fear Allah. for Allah is strict in punishment."{Al-Ma`idah, 2}.And Allah the Almighty knows best.

 




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