To whom does the blood-money (diya) liability fall if the perpetrator is a Dhimmi?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If the perpetrator of a homicide is a Dhimmi (non-Muslim under protection), the liability for the blood-money rests upon his own kin ('asabah) who are of the People of the Covenant (Mu'ahidin), according to one narration and the view of Al-Shafi'i. The reasoning for this is that they are his kin ('asabah) and thus inherit from him, so they assume liability for his blood-fine, similar to the Muslim's kin among Muslims. His Muslim kin do not assume liability because they do not inherit from him, and the enemy combatants (Harbiyyun) do not assume liability because the bond of allegiance and support is severed between them.
Supporting text
According to another narration, they do not assume liability for blood-fine ('aqilah). This is because the system of communal liability ('aqilah) is established for Muslims against the general principle, as a concession and assistance to them. Therefore, this obligation does not extend to the non-believer (Kafir), since the Muslim holds a greater sanctity and is more deserving of support and assistance than the Dhimmi. This principle is evidenced by Zakat being obligatory upon Muslims for their poor but not upon the People of Dhimma for their poor, thus the original ruling (no liability) remains for the Dhimmi.