When is the *Diyya* for intentional homicide due?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 3 · Bab 1

Open in Qurani

Primary text

The *Diyya* for intentional homicide is due immediately (*halan*). This is the position of Malik and Al-Shafi'i. This ruling is based on the principle that what is due due to direct intent (*'amd mahd*) is immediate, like retribution (*qisas*) or compensation for bodily harm to a slave. Intentional homicide is not analogous to quasi-intentional homicide (*shibh al-'amd*), where the killer is excused because the resulting death was not intended, thus resembling accidental killing, which is why the *Aqilah* bears it.

Supporting text

Abu Hanifa holds that the *Diyya* is due over three years because it is compensation for a human life, making it deferred, similar to quasi-intentional homicide. The justification for immediate payment stems from linking it to other penalties resulting from direct intent, and because the rationale for deferment—leniency for the unblameworthy—does not apply to the intentional killer.