THE CONCEPT OF DIYAT IN ISLAM
Assignment 1
Names of Candidate
Syed Bilal Raza
Submitted To: Mr. Salman Ahmed
Serial Number
64389
DIYAT
Definition:
Diyat in Islamic law, is the financial compensation paid to the victim or heirs of a victim in the cases of
murder, bodily harm or property damage. It is an alternative punishment to qisas (equal retaliation). In
Arabic, the word means both blood money and ransom, and it is spelled sometimes as diyah or diyeh.
Description:
In pre-Islamic era, concepts of diyat was present in Arabic society. In pre-Islamic period, diyat was
considered blood money and this blood money was, in fact, a kind of fine. And such fine was paid by a
killer or his family or his clan to family or clan of victim and it was paid in the form of goods or animals.
However, Islam changed this old concept of diyat and decided that diyat should be paid in cash.
Concept of Diyat in the light of Quran and Hadith:
The Qur'an specifies the principle of Qisas (i.e. retaliation) and compensation (diyah) in cases where one
Muslim kills another Muslim.
It is not for a believer [Muslim] to kill a believer unless (it be) by mistake. He who hath killed a believer
by mistake must set free a believing slave, and pay the diya to the family of the slain unless they remit it
as a charity. If he (the victim) be of a people hostile unto you, and he is a believer, then (the penance is)
to set free a believing slave. And if he cometh of a folk between whom and you there is a covenant, then
the diya must be paid unto his folk and (also) a believing slave must be set free. And whoso hath not the
wherewithal must fast two consecutive months. A penance from Allah. Allah is Knower, Wise.
(Al-Quran 4:92)
Narrated Abu Juhaifa: I asked 'Ali "Do you have anything Divine literature besides what is in the Qur'an?"
Or, as Uyaina once said, "Apart from what the people have?" 'Ali said, "By Him Who made the grain split
(germinate) and created the soul, we have nothing except what is in the Quran and the ability (gift) of
understanding Allah's Book which He may endow a man, with and what is written in this sheet of
paper." I asked, "What is on this paper?" He replied, "The legal regulations of blood-money [diya] and
the (ransom for) releasing of the captives, and the judgment that no Muslim should be killed in Qisas
(equality in punishment) for killing a Kafir (disbeliever)."
(Sahih al-Bukhari, 9:83:50)
Conclusion:
To conclude, it can be stated that Holy Quran specifies retaliation through principle of Qisas, but
prescribes that one should seek compensation and not demand retribution. It reveals that Holy Quran
not only explains concept of Qisas, but also explains concept of diyat.