Diya ( Arabic دية - vira) - in Islamic law : the compensation that the perpetrator of a crime committed unintentionally must pay. Crimes include murder, injury or injury. In the event of the intentional killing of a person, relatives and relatives of the murdered person have the right to demand retaliation ( kisas ). They have the right to demand execution for the killer, or they can demand compensation from the killer. The Sharia judge ( cadi ) may recommend to the relatives of the victim to agree to a ransom, without insisting on it. If murder or mutilation occurred unintentionally, then in this case kisas does not apply, and only diya is paid [1] .
Content
History
The Arabic word "diya" comes from the verb "vada" ( Arabic وَدَى ) and means vira , payment for blood, ransom for the murdered [2] . Diya was widespread in pre-Islamic times, received by Islam and approved by the Quran: “A believer should not kill a believer, unless by mistake. And who will kill a believer by mistake, then the liberation of a believing slave and the penalty handed to his family if they do not distribute her charity. And if he is from a people hostile to you and a believer, then he is the liberation of a believing slave. And if he is from the people, between whom and you have an agreement, then - the penalty granted to his family, and the liberation of the believing slave. Who will not find, then - the post of two months consecutive as repentance before Allah. Verily, Allah is knowledgeable, wise! ” [3] .
Diyi questions are mainly interpreted in the fiqh ukub section, but are also covered in other sections. The first exposition of the Diyi order was given by the Hanafi jurists Abu Yusuf and Muhammad al-Shaibani . Subsequent authors confined themselves to the following general provisions:
- diya for murder is paid for the sake of extinguishing blood feud ( sa'r );
- Diya for injury or injury is paid for the sake of getting rid of punishment ( kisas );
- Diya is paid for accidental killings, injuries or injuries for which no other punishment is imposed [4] .
Size
The size and shape of the diy is determined by the court, but the parties can reach a private agreement. The size of the ransom depends on the gender, religion and social status of the victim. According to the Sunna of the Prophet Muhammad, the total size of the diya is 100 gold dinars (or equivalent) or a hundred camels. Hanafi believe that you can pay 200 cows or 2,000 sheep. Diya is halved if a woman is injured or if the culprit for the crime is a woman. In the Hanafi madhhab, the size of the ransom in the event of the killing of non-Muslims of the subjects of a Muslim state is equal to diya for killing a Muslim (that is, 1,000 dinars). Shafiites believed that the compensation for the murder of a non-muslim was equal to half the diy for a Muslim. For the slaughter of a slave compensation is paid to the owner. Moreover, it is less than diya for free [1] . If the slave is guilty, then his master pays diya.
Along with the payment of diyi, a Muslim must also perform an expiatory action ( kaffar ). In particular, it is necessary to release one slave or fast 2 months [5] .
Islamic law has developed a complex scale of payment for various damages in shares of diya:
- open fracture - 1/10 diy,
- eye damage with vision loss - 1/2 diyi,
- broken tooth - 1/20 diy, etc.
Those damages that are not specified are assessed as approximate to the specified [6] .
Payment Procedure
If the guilty person cannot pay the diya himself, then the missing funds are collected from his immediate family. If the person who committed the crime has absolutely no funds and relatives who can pay diya, then in this case the ransom is paid by the Muslim state from the state treasury [1] .
Failure to pay diy is punished as a violation of an important obligation. Until payment of diyi or absence of an agreement on the procedure for its payment, the criminal is not allowed to perform any rites, as he is considered to be in a state of ritual impurity ( janaba ). After reaching an agreement, the guilty is obliged to bring atonement ( kaffar ) and undergo purification ( takharat ), after which he is considered only as a debtor [6] .
Diya for premeditated murder, injury or injury is paid in a short time, and for accidental - can be paid within 3-5 years. Diyu is wounded or injured by the victim himself or his confidant, and the diya for the murder is divided between the heirs of the victim as an inheritance ( Miras ) [4] .
Notes
Links
- Bogolyubov A. S. Diyah // Islam: Encyclopedic Dictionary / Ed. ed. S.M. Prozorov . - M .: Science ,GRVL , 1991 - pp. 69-70. - ISBN 5-02-016941-2 .
- Alizade A. A. Diyah // Islamic Encyclopedic Dictionary . - M .: Ansar , 2007. - 400 p. - (Golden Fund of Islamic thought). - ISBN 5-98443-025-8 .
- A. Ya. Sukharev, V. E. Krutskikh, A. Ya. Sukharev. Diyya // Big Law Dictionary. - M .: Infra-M, 2003.
- Diya, diya. hutba.org (April 5, 2013). The appeal date is August 12, 2013. Archived August 7, 2013.