Is financial blood money (diyah) obligatory upon the questioner's father after fasting two consecutive months, as a result of his causing the death of a non-Muslim Indian in a car accident?
The jurists have agreed that the blood money (diyyah) for a combatant (harbi) is not paid to him, whether he is a person of the Book (Kitabi) or not. As for a non-combatant, jurists have differed in their opinions: The Malikis and Hanbalis hold that the blood money for a Dhimmi and a Mu'ahid (covenanted non-Muslim), whether from the People of the Book or others, is half the blood money of a Muslim. Their evidence is the : "The blood money of a disbeliever is half the blood money of a believer." The Hanafis believe that the blood money for a Dhimmi, a Musta'min (non-Muslim granted safe conduct), and a Muslim is equal, citing the generality of the Almighty's saying: "And if he was from a people between whom and you there was a covenant, then compensation is to be handed over to his family." The Shafi'is hold that the blood money for a Jew and a Christian is one-third of a Muslim's blood money, and for an idol worshiper and a Magian, it is two-tenths of a Muslim's blood money. Their evidence is what was narrated from Umar ibn al-Khattab. The more preponderant opinion is that the blood money for a non-Muslim Dhimmi and Mu'ahid is half the blood money of a Muslim, as this aligns with the Prophetic hadith. Since the matter is referred to the competent authorities, their ruling on blood money and expiation () is binding.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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