Is the payment of the Diyyah for quasi-intentional homicide deferred or immediately due?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 3 · Bab 1

Open in Qurani

Primary text

The Diyyah for quasi-intentional homicide must be paid in installments, spread over three years, with one-third due each year. There is no known disagreement among scholars on the deferral of its payment. This position is narrated from 'Umar, 'Ali, and Ibn 'Abbas, and was adopted by Al-Sha'bi, Al-Nakha'i, Qatadah, Abu Hashim, 'Ubayd Allah ibn 'Umar, Malik, Al-Shafi'i, Ishaq, Abu Thawr, and Ibn al-Mundhir. Furthermore, 'Umar and 'Ali both ruled that the Diyyah be paid by the 'Aqilah over three years, and there was no known opposition to them during their time, establishing a consensus (Ijma'). This deferral is a mark of leniency upon the 'Aqilah, as the Diyyah is a compensation paid on behalf of the wrongdoer, unlike other damages which are immediate.

Supporting text

A group of the Khawarij held that the Diyyah is due immediately because it is a substitute for destroyed property. This view is not widely recognized as a legitimate scholarly difference.