Should the valuation of camels be considered when determining the Diyya amount?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The apparent view of Al-Khiraqi is that the value of the camels is not considered; rather, if they are found according to the specified description, they must be accepted, whether their value is low or high. This aligns with the apparent position of the Shafi'i school. The Hanbali scholars state that the apparent position of Ahmad is that one hundred camels must be provided, with each camel valued at one hundred and twenty dirhams. If this cannot be achieved, twelve thousand dirhams or one thousand dinars must be paid. This stems from Umar appraising the Diyya for people possessing gold at one thousand mithqal and for people possessing silver at twelve thousand dirhams, indicating this as the standard value. This standard is derived because these are alternatives for the same principal item and must be equal in value, similar to the principal item and its value substitute in loans or destroyed fungible goods.
Supporting text
The opposing argument asserts that the Prophetic statement, 'For the killing of a believer, one hundred camels,' is absolute, and restricting it contradicts its generality, requiring evidence. Furthermore, during the time of the Prophet, peace be upon him, and Abu Bakr, the Diyya was taken when the value was less than twelve thousand. Umar's statement that camels had become expensive and his appraisal of twelve thousand dirhams implies their value was lower previously. Imposing a fixed valuation that exceeds the historical value contradicts the Sunnah. Moreover, the Prophet differentiated between accidental and intentional killing, lightening the former and increasing the latter. A single fixed valuation treats both equally, nullifying the differentiation intended by the Lawgiver. The fixed valuation also results in an increase for accidental killing, as substituting *ibn makhad* (a young camel) with an older one increases the liability, contrary to the intent.