Is the killer obligated to pay any portion of the blood money (Diyyah)?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 1

Open in Qurani

Primary text

The killer is not obligated to pay any portion of the blood money (Diyyah). This is the position held by Malik and Al-Shafi'i. The evidence for this position is the hadith narrated by Abu Hurayrah, that the Prophet, peace be upon him, ruled that the Diyyah of a woman should be paid by her 'Aqilah (paternal kin group). This ruling implies that the entire Diyyah was imposed upon the 'Aqilah. Furthermore, since the killer is one upon whom Diyyah is not generally obligatory, he is not obligated to pay a portion of it, similar to a case where a ruler commands a killing that is later found to be wrongful. Additionally, the atonement (Kaffarah) is obligatory upon the killer from his wealth, which equals or exceeds his share of the Diyyah, thus negating the need to impose any part of the Diyyah upon him.

Supporting text

Abu Hanifa stated that the killer is like one member of the 'Aqilah group, because the obligation upon the 'Aqilah is for assistance, and thus the killer should not be burdened more than them in this regard.