What is the prescribed composition of the *Diyya* in intentional homicide according to differing scholarly opinions?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 4 · Bab 1

Open in Qurani

Primary text

There are differing established narrations concerning the exact composition of the *Diyya* when death is intentional. One narration, held by a group from Ahmad, Al-Zuhri, Malik, Al-Shafi'i, and Abu Hanifa, maintains the payment must be in quarters (*arba'at*): twenty-five *jadh'ah*, twenty-five *hiqqah*, twenty-five *bint labun*, and twenty-five *bint makhad*. The justification for this is the report attributed to Al-Zuhri from Al-Sa'ib ibn Yazid, and the opinion of Ibn Mas'ud. Furthermore, since it is a right involving specific animal types, pregnancy should not be a condition, similar to Zakat and sacrifice.

Supporting text

Another narration, held by a group from Ahmad, 'Ata', Al-Hasan, and Al-Shafi'i, states the *Diyya* is thirty *hiqqah*, thirty *jadh'ah*, and forty pregnant mature she-camels (*khalafah*) carrying their young. This is based on a narration from 'Amr ibn Shu'ayb from his father from his grandfather regarding the Prophet (peace be upon him) stating, "If one kills intentionally, he is handed over to the heirs of the slain; if they wish, they kill him, and if they wish, they take the *Diyya*, which is thirty *hiqqah*, thirty *jadh'ah*, and forty *khalafah*." This composition is considered severe due to the gravity of intentional killing.