Blood-Money ---------------- Between Retribution and Compensation - Dr. Abdullah Ibraheem al-Musa Blood-money, compensation paid in lieu of manslaughter, or a sum of money, which is legally estimated to be paid to the survivors, or the heirs of a slain person for the loss of his life. Punishment, is an estimated retribution, or to be estimated to the interest of the community for rebelling against the lawmaker. The purpose of the punishment is the protection of the society, and the community’s reformation. Compensation in legal terms, what is given or received as an equivalent for injuries or damages caused to others. Conditioning blood money between punishment and compensation Jurists are at variance regarding this issue, having three different opinions: The First: Blood money is a punishment because it is given for something which cannot be estimated in terms of money; that is, human life. The Islamic Shari’ah has made blood money as a basic punishment for homicide and wounds in quasi-deliberate and accidental homicide, which is initially a predetermined punishment. They also said that passing a sentence on this crime does not depend upon the victim’s request, and that it serves as a preventative measure against the offender by depriving him from a portion of his assets. It is also satisfies for personal vengeance being a replacement for capital punishment. The second: Blood money is a punishment and compensation: 1- It is a punishment, because it is estimated to be as requital for the crime; for even if the victim forgoes his right, the offender would still receive a suitable disciplinary punishment. 2- It is compensation; because it is held as a personal asset of the victim, and because it satisfies to a certain extent the injury sustained by the victim. Shaikh Muhammad Abu Zahrah said: “Blood money in itself is a punishment for the offender, as well as compensation to the victim’s family.” The third: Some researches consider blood money is an absolute monetary compensation, and unrelated to punishment; because its amount depends on the acuteness of the injury, and whether the offender has aforethought of the offence, and that this compensation may be paid off by other than the offender; such as a child, an insane, the offender’s male kin, the public treasury, or the like. They further elaborated that compensation order lacks, as a measure, reprehension and prevention. Moreover, it may, and may not be multiple as a result of one offence. The preponderant opinion is the one which says that blood money is a compensation; which is closer to the spirit of Shari’ah and its general rules. As further emphasis, the blood money is man’s right, which is passed on to the victim’s heirs as a compensation for the loss of their member. On the other hand, the Qur’an mentions blood money as an independent measure, according to the following words of Allah: “Then, give the victim’s family blood money.” (an-Nisa:92) Hence, compensation in blood money, as an asset, 1 is obvious; because it is not mandatory in itself; rather, it is permissible to pay its value. Besides, and contrary to the punishment, it is divided among the murderers so that each one of them pays a portion thereof in case a group of them collaborated to kill a man, according to the relevant Hadeeth, which narrated by Ibn Umar, may Allah be pleased with him. If retaliatory punishment is waived due to forgiveness, or the like; blood money becomes due on all of them. Were blood money to be a punishment it would not have been divided, and every accomplice would have to pay it in full, just as capital punishment would have been applied to every one of them. Thus, blood money is but a compensation given to the victim’s heirs for the loss of their member, whether the perpetrator was one or more. Notes: Dr. Abdullah Ibraheem al-Musa is assistant Professor of the Fiqh, College of Shari’ah and Islamic Studies, The Islamic University of Imam Muhammad b. Saud, al-Ahsa’. 1 This may refer to the number of camels that should be given as blood money. (Trans.)
Posted on: Tue, 10 Sep 2013 06:23:44 +0000
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