Fines in Islamic Law: Diyah (دية)
Definition and Significance
Fines in Islamic law, commonly known as Diyah (دية), are compensatory financial payments imposed for offenses against a person. These are exacted in place of qiṣāṣ (retaliation) and serve to provide reparation for the victim or their family. The most severe form of Diyah is for manslaughter, excluding willful murder. This concept is crucial in maintaining social justice within Islamic communities by offering a structured approach to compensation for human injuries and deaths.
Etymology and Translation
- Arabic: Diyah (دية)
- Turkish: Diyet
The term “Diyah” originates from the Arabic root “دية” (diyyat), which means “compensation” or “blood money.” This concept has deep roots in pre-Islamic Arabian customs and was refined under Islamic jurisprudence.
Classification and Amounts
Full and Complete Fines
A full Diyah encompasses several specific offenses, primarily manslaughter, requiring substantial payment, traditionally:
- One Hundred Female Camels
- Ten Thousand Dirhams (Silver)
- One Thousand Dinars (Gold)
The diyyat for killing a woman is half that for a man. This differentiation is based on historical perceptions of social and economic contributions.
The fine for killing a ẕimmī (non-Muslim under Muslim rule, such as Jews, Christians, or idolaters) matches that of a Muslim. Additionally, complete fines are applied for critical injuries that result in the loss of significant bodily functions or features.
Partial Fines
For injuries that do not result in death but cause physical harm, fines are proportionate to the severity:
- Nose, Tongue, or Virile Member: Complete Diyah
- Facial Hair Loss: Complete Diyah if permanent loss
- Eyes, Lips, etc.: Half for one part, full for paired parts
- Fingers and Joints: One-tenth for a finger, one-third for each joint
- Teeth: One-twentieth for each tooth
Wounds specifically on the face, classified as shijāj, have detailed compensation structures based on severity and depth.
Classification of Face Wounds (Shijāj)
- Hārifah: Scratch with no blood
- Dāmiyah: Scratch drawing blood but not flowing
- Damīyah: Scratch causing blood to flow
- Bāẓiʿah: Cut through the skin
- Mutalāḥimah: Cut to the flesh
- Simḥāq: Wound to the pericranium
- Mūẓiḥah: Wound exposing bone
- Hāshimah: Skull fracture
- Munākilah: Fracture requiring removal of skull part
- Āmmah: Wound reaching the brain
Complications from these wounds entail specific fines, ranging from one-third of a complete Diyah for an āmmah to five camels for a mūẓiḥah.
Legal Literature and Further Reading
For an in-depth understanding of Diyah and fines in Islamic jurisprudence, the following classical texts are recommended:
- Durru ’l-Mukhtar
- Hidāyah
- Fatāwā ‘Ālamgīrī
- Raddu ’l-Muḥtār
Conclusion and Key Takeaways
The concept of Diyah (دية) plays a pivotal role in Islamic legal theory, balancing the need for justice, compensation, and social harmony. It integrates financial compensation and restorative justice into the legal system, reflecting the comprehensive nature of Sharia in addressing various aspects of human interactions and offenses.
Suggested Books for Further Studies
- “Islamic Jurisprudence: An International Perspective” by C.G. Weeramantry
- “The Spirit of Islamic Law” by Bernard G. Weiss
- “Introduction to Islamic Law” by Joseph Schacht
Takeaways
- Diyah serves as a pivotal measure of justice in Islamic communities.
- Detailed categorization ensures proportionate compensation.
- Classical texts offer extensive guidelines for applying fines in various scenarios.
Understanding Diyah and associated fines enriches one’s comprehension of Islamic law’s depth and structured approach to upholding justice and societal order.
