Definition of Diyat

4. Definition of Diyat

The word diyat (Arabic) derived from ad-diyat means “ma yu’tha min al-mal badalan an-nafsi al-qatil “(financial compensation paid to the victim’s family in the cases of murder). Some Muslim scholars defined diyat as al-malu al-wajibu bi sababi al-jinayah wa tu’adda ila al-majni alaihi au waliyyuhu (financial compensation paid to the victim or the victim’s heir for the crime committed namely: murders, amputations and injuries of body parts). 80

Criminal offences that required to pay diyat are:

a. Intentional murder in the case that the kin of the victim forgave and asked for diyat payment. In this case, diyat is a replacement of qishās. This means that qishās may not be practiced. In addition, the implementation of qishās and diyat may be waived due to the unconditional forgivenness from the victim’s family. 81

80 Zakariya Al-Anshari, Fathu al-Wahhab bi Syarhi Manhaji at-Thullab (Bairut: Dar Al-Fikr,

n.d.), vol.2, p. 137. 81 Al-Anshari, Fathu al-Wahhab, vol.2, p.136.

b. Unintentional murder, by accidence or like an accident ( al-qatlu al-khata au syibhu al-khata). 82 In this case diyat means not as replacement of

qishās, but an obligation that should be fulfilled because of the crimes, as stated above, committed by perpetrator who is not yet matured. For example is an unintentional killing committed by a child or an insane person.

c. Amputation, injury and removal of limbs. During the Prophet Muhammad time, the amount of diyat for those who

own the camel is equal to 100 camels, and for those who own the cattle is equal to 200 cows or 2000 sheeps. For those who own gold should pay equal to 1000 Dinar, for silver is equal to 12.000 Dirham, and for those who own jewelery should pay about 200 of the jewelery. During the Caliph of Umar bin Khattab, he waived the diyat payment of camel due to its high price.

Several ulama stated that the above mentioned regulation of diyat payment is meant for male only. Diyat payment for female is half of the above regulation. This opinion is based on the narration from Umar bin Khattab Ra, Ali bin Abi Thalib, and Ibnu Mas’ud Ra. 83 Actually, neither the Qur’an nor Hadith stated about different stipulation related to diyat payment for male and female. This ulama’s opinion on the different between the diyat payment for male and female was based on qiyas (analogy) of the Qur’anic verses related to witnesses and inheritances which stipulate the differences between male and female.

82 There are three types of removing human’s life in fiqh namely:[1] intentional (al-amdu), [2] semi intentional (syibhu al-amdi), and [3] by mistake (al-khata’). Intentional murder happens when someone kill the victim using weapon that could kill; semi intention murder happens when someone kills the victim by using weapon that usually not used for killing such as piercing needle on body parts that would not kill; and murder by mistake happens when someone mistakenly kill someone else, like when one intends to shutt the bird but by mistake the person hits someone else and cause the person’s death. The last two types of killing do not subject to qishās but for diyat. Qishās only apply to the first type of killing. Al-Anshari, Fathu al-Wahhab, vol.2, p.126.

83 Sayyid Sabiq, Fiqh as-Sunnah (Bairut: Dar al-Fikr, n.d.), vol. 2, p. 476 .

Several ulama stated that the Prophets’ companion Zaid bin Tsabit and the Tabiin Said bin al-Musayyab argued that diyat payment for male and female is the same. 84 In al-Muwattha, Imam Malik narrated from al-Baihaqi from Rabi’ah bin Abdurahman, he asked: “I asked Sayyid bin Musayyab about diyat for female of cutting a finger, and he said 10 camels (the same amount for male who did the same). How about cutting two fingers? She should pay 20 camels, for three fingers is 30 camels and for four fingers is 40 camels.” Then Said bin Musayyab asked him back: “Are you an Iraqi.” And Abdurrahman answered, “I am a learned man who want to seek knowledge.” Said said: “This is part of sunnah of the Prophet.” 85

From the above mentioned narration, it is stated that diyat payment for male and female is the same. However, this opinion is unpopular and even rejected by the majority of ulama. In fact, the opinion of Zaid bin Thabit and Said bin Musayyab should be taken into consideration as they were the companion of the Prophet and the Tabiin. Their opinion is in line with the Qur’anic verse An-Nisa, 4:92 which stated that diyat for male and female is the same.

84 Sabiq, Fiqh as-Sunnah,vol. 2, p. 476 85 Sabiq; Fiqh as-Sunnah, vol.2, p. 476.

Never should a believer kill a believer, but (if it so happens) by mistake, (compensation is due): if one (so) kills believer, it is ordained that he should free a believing slave, and pay compensation to the deceased’s family, unless they remit it freely. If the deceased belonged to a people at war with you, and he was

a believer, the freeing of a believing slave (is enough). If he belonged to a people with whom ye have treaty of mutual alliance, compensation should be paid to his family, and a believing slave be freed. For those who find this beyond their means, (is prescribed) a fast for two months running: by way of repentance to Allah: for Allah hath all knowledge and all wisdom. If a man kills a believer intentionally, his recompense is Hell, to abide therein (for ever): and the wrath and the curse of Allah are upon him, and a dreadful penalty is prepared for him (Qur’anic verse Al-Nisa: 92-93) .

The verses above do not differentiate between diyat payment for male and female. In the meantime, the narrations related to differencies between male and female in diyat payment are still questionable in term of its authenticity.