What are the circumstances that mandate the aggravation (Taghliẓ) of blood money (Diyya)?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
Blood money is aggravated under three circumstances: killing within the Sacred Precinct (Al-Haram), killing during the Sacred Months (Ash-Shuhur Al-Hurum), and killing a relative who is one of the Mahram relations (Dhu-Rahm Muhram). Furthermore, aggravated blood money is due if the killing involves a person in the state of Ihram (pilgrim sanctity). Scholars such as Uthman, Ibn Abbas, As-Sa'idan, 'Ata', Tawus, Ash-Sha'bi, Mujahid, Sulayman ibn Yasar, Jabir ibn Zayd, Qatadah, Al-Awza'i, Malik, Ash-Shafi'i, and Ishaq affirmed the aggravation based on these factors. Concerning the description of aggravation, the Hanafi scholars stipulate that for each sanctity violated, one-third of the Diyya is added. If the three circumstances (Haram, Sacred Month, Mahram relation) combine, two full Diyyas are incumbent. Imam Ahmad, according to the narration of Ibn Mansur, ruled that killing a person in Ihram within the Haram and during a Sacred Month requires twenty-four thousand (units of currency).
Supporting text
The Shafi'i school holds that aggravation means applying the Diyya of intentional homicide to unintentional homicide, and that aggravation is not applicable except in cases of error (i.e., not intentional killing), nor can two aggravations be combined. Malik shares this view, except he applies aggravation to intentional killing in the case of killing a Mahram relative, demanding thirty pregnant she-camels, thirty mature she-camels, and forty pregnant she-camels, or their monetary equivalent, which constitutes one-third more than the normal value. Regarding the relative, Malik's view is that aggravation applies only for the killing of a father, mother, or grandfather.