Is the blood money (Aql) to be paid by the ascendants and descendants of the killer?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
There are two conflicting narrations regarding whether the father and sons of the killer are part of the 'Aqilah' responsible for paying the blood money. The first narration includes them as part of all agnates who bear the responsibility. This is supported by analogy with inheritance, as the father and son have the greatest claim to inheritance and financial interdependence, thus suggesting they should first bear the financial burden of blood money. The second narration excludes them, based on narrations where the Prophet (PBUH) specified the diya was due from the 'Aqilah' while the inheritance went to the sons and husband, implying the father/son are not liable for the blood money.
Supporting text
The ruling regarding brothers is also subject to differing narrations, similar to the ruling concerning the father and son. However, other companions of the jurist in question hold that brothers are included in the 'Aqilah' under all circumstances, and there is no known dissenting opinion among them on this point.