Is the blood money (Diyah) increased if the killing occurs outside the Sacred Precincts (Haram)?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The blood money is not increased for a killing that occurs in a location other than the Sacred Precincts. This is the established ruling. The basis for this is the Prophet's statement concerning Mecca, indicating that the sanctity of life and property there is akin to the sanctity of the Kaaba's precincts on that day and in that month. Furthermore, the Prophet specified that the most severe people before God are those who kill within the Haram, implying the special status belongs exclusively to the Haram. The prohibition of hunting within Mecca is not the operative reason for the increase in blood money, as the prohibition of hunting in the Haram differs significantly from the sanctity of life there; for instance, no penalty (Kaffarah) is due for killing game there, nor is grazing or cutting wood prohibited for necessary needs.
Supporting text
The followers of Al-Shafi'i hold, based on his old opinion, that blood money is increased for a killing within the city (of Mecca) because it is a place where hunting is forbidden, thus analogizing it to the Sacred Precincts. This reasoning is invalid because the city is not a place for performing rites (Manasik), differentiating it from the Haram, and the sanctity derived from the prophetic tradition is specific to the Haram itself.