Upon whom is the *Diyya* for intentional homicide imposed?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 2 · Bab 1

Open in Qurani

Primary text

The *Diyya* for intentional homicide is entirely incumbent upon the wealth of the killer, and the *Aqilah* (paternal kin group) do not bear it. This is because the substitute for a wrongfully destroyed item must be borne by the destroyer, and the compensation for an assault is upon the perpetrator, supported by the Prophetic statement, "No assailant shall be held responsible except for himself." This principle holds because the consequence of the offense is an effect of the doer's action, and should therefore be exclusively his, just as his benefit is exclusively his. The exception made for unintentional homicide (*khata'*) where the *Aqilah* pays is due to the severity of the obligation, the typical inability of the killer to bear it, and the requirement of expiation, which are meant as a leniency for the excusable killer. The intentional killer deserves no such leniency.

Supporting text

The opinion that the *Diyya* in intentional homicide is a form of mutual support (*muwasah*) is incorrect. It is a replacement for the loss inflicted. The *Aqilah* only supports the killer in bearing the resultant financial burden, which is why they are not required to pay if they possess no camels, yet the required *Diyya* is unconditionally specified as camels. Furthermore, if it were based on mutual support like Zakat, sick payment would require sick animals, and young payment would require young animals.