Question:
I read a fatwa stating that a mother who unintentionally caused the death of her infant while sleeping must fast for two consecutive months, and that the Diyah (blood money) is upon her Aqila (family group responsible for paying the Diyah). However, I did not understand what Diyah upon her Aqila means.
I kindly request an explanation of what Diyah is, how much it amounts to in today's currency, and what Aqila means. Additionally, I would like to know who constitutes a woman's Aqila in our time.
I seek this clarification because I want to clear my responsibility before Allah, but I do not know how. I hope you can provide a detailed explanation so that I do not have to ask anyone else. May Allah bless you and grant you success.
Answer:
All praise is due to Allah, and may peace and blessings be upon the Messenger of Allah, his family, and companions.
Definition of Diyah:
Diyah (blood money) is the financial compensation required for the killing of a free human being, serving as a reparation for their life. Alternatively, it can be defined as the financial obligation due for injuring or killing a free person, either in full or in part.Definition of Aqila:
Aqila (العاقلة) is the plural of Aaqil, meaning the one who pays the Diyah. Diyah is also sometimes referred to as Aql because in the past, it was paid in camels, which were tied in front of the victim’s guardian’s home. Over time, the term Aql became commonly used to refer to Diyah, even if it was no longer paid in camels.A person’s Aqila refers to his paternal male relatives, such as:
- Uncles and their sons.
- Brothers and their sons.
- Further paternal relatives in descending order.
The Diyah is divided among the closest male relatives, meaning it is first distributed among brothers and their sons, then uncles and their sons, then paternal great-uncles and their sons, and so forth. This is because the Aqila consists of male paternal relatives (as stated in the Islamic Jurisprudence Encyclopedia).
Payment of Diyah for Unintentional Killing:
In the case of unintentional killing, the Diyah is paid in installments over three years. As mentioned in the Islamic Jurisprudence Encyclopedia:
"The Diyah for accidental killing is due upon the Aqila and is to be paid over three years, as agreed upon by Islamic scholars."Amount of Diyah in Modern Currency:
The full Diyah (blood money) in modern currencies is equal to the value of 4,250 grams of gold. This is because:- The Diyah is set at 1,000 gold dinars.
- Each gold dinar weighs 4.25 grams of gold.
(For a detailed breakdown of Diyah in different monetary forms, refer to Fatwa No. 14696 and Fatwa No. 59987.)
Who Pays the Diyah if the Aqila Cannot Afford It?
If the Aqila (responsible male relatives) are unable to pay the Diyah due to poverty or insufficient numbers, then:- The Islamic treasury (Bayt al-Mal) covers the payment.
- If there is no Islamic treasury, the Diyah falls upon the person responsible for the killing (the killer) alone.
(This ruling is also mentioned in Fatwa No. 110451 and Fatwa No. 71463.)
When is Diyah Waived?
If the rightful heirs of the deceased forgive the Diyah, or if they voluntarily waive their right to it, then it is nullified.
Allah knows best.