Back to search

Is it permissible to resort to the judiciary to determine the amount of blood money (Diyya) after the family of the deceased woman rejects the offered amount, knowing that the husband is imprisoned and unable to pay the amount they are demanding?

1 min readAlso available in العربية

The blood money (Diyah) in cases of unintentional killing (Qatl al-Khata') and quasi-intentional killing (Shibh al-Amd) is borne by the killer's 'Aqila (male agnatic relatives). If the 'Aqila are unable to pay or do not exist, then it becomes due from the Muslim public treasury (Bayt al-Mal al-Muslimeen). In the absence of a public treasury or if it is not properly managed, scholars have differed on whether the Diyah then becomes obligatory upon the killer's own wealth. The established position (Madhhab) among the Hanbalis is that it is waived for him. The Diyah for unintentional killing is paid in installments over three years. The inability of the killer and his 'Aqila to complete the payment of the Diyah does not justify his imprisonment. However, if he is imprisoned and his release is not possible except by resorting to civil courts to assess compensation (Diyah), then there is no harm in doing so to avert the harm of imprisonment. The full amount of the Diyah remains a right of the victim's family upon the killer's 'Aqila, and the amount of Diyah varies depending on the currency exchange rate and the value of camels, gold, or silver in each country.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy