Is reconciliation valid for accidental killing (Qatl al-Khata') for an amount greater than its prescribed Diyah in the same genus?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 2 · Bab 1

Open in Qurani

Primary text

Reconciliation for accidental killing (Qatl al-Khata') for an amount greater than its prescribed Diyah, when the compensation is of the same genus as the Diyah, is invalid. Similarly, if someone causes damage to a slave or any other object, reconciliation for that damage for an amount greater than its actual value in the same genus is invalid. This is the position held by Al-Shafi'i. The basis for invalidity is that the Diyah or value becomes established in the financial obligation (Dhimmah) in a fixed measure; thus, reconciliation for more than that fixed measure in the same genus is not permitted, analogous to a debt or the price of a sold item. Furthermore, taking more constitutes taking a right plus an uncompensated excess, which falls under consuming wealth wrongfully (Akl al-Mal bil-Batil).

Supporting text

Abu Hanifa permits this, arguing that since the compensation is taken for the damaged item, it is permissible to take more than its value, similar to a sale transaction.