Is the acceptance of Diyah an option for the heirs of a murder victim according to Islamic Law?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
The heirs have the choice between execution or accepting Diyah. This is evidenced by the verse: {And whoever is forgiven something by his brother for anything, then there should be a pursuit in the accepted manner and payment to him with good consideration} (Quran 2:178). Ibn Abbas narrated that this verse established the option of accepting Diyah in intentional killing, which was not present for the Children of Israel, as a relief and mercy from God. Furthermore, the Prophet Muhammad (peace be upon him) stated that whoever has a relative killed has the choice between two options: either exacting retribution (Qisas) or accepting compensation (Diyah). This right of choice is also confirmed by the Prophet's statement to the people of Khuza'ah regarding a previous killing, granting their descendants the choice between killing or accepting Diyah for future killings.
Supporting text
The opposition argues that Diyah is only permissible if the Qisas is dropped without the heirs explicitly forgiving it, similar to when only some co-heirs forgive. They also argue that homicide is unique because its mandated substitute (Diyah) is not of the same kind as the original offense (unlike property damage where the substitute is the same kind), and since Diyah is the prescribed substitute for accidental killing, applying it to intentional killing is an exception. Conversely, the accepted view holds that the killer can save their own life by offering Diyah, and the argument about substitutes is invalidated by precedents where the standard measure for injuries (like the size of a head wound or the length of a severed hand) is accepted as lesser than the original injury, which supports accepting a substitute like Diyah.