Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Settlement in blood money for more than the prescribed amount

Machine translationRead the Arabic original
Question:
The prayer is for a great deal, as is done in the morning for five, so the debt is also a trust.

Answer:
As for the blood money for accidental killing and quasi-intentional killing, settlement is permissible, but settlement for more than the prescribed amount is not permissible. Settlement for more than the prescribed amount is not permissible in these cases because the Messenger of Allah (peace and blessings be upon him) specified the amount, so settlement for more than the specified amount is not permissible. As for intentional killing, the awliya (close friends of Allah) are given the choice between retaliation and blood money. If they settle for more than the blood money on the condition that they abandon retaliation, there is no harm. The saying of the Messenger of Allah (peace and blessings be upon him) that "settlement is permissible among Muslims" applies here. This is a settlement in which the freeing of a slave is stipulated for the killing, so it is permissible even if the amount is large. If they pardon and accept the prescribed blood money, that is better. If they say, "No, the blood money is not sufficient for us; we will only accept such and such an amount, and we will not cause distress or neglect the matter," then pardon and settlement in such a case are permissible for any amount they agree upon. The saying of the Messenger of Allah (peace and blessings be upon him) that "settlement is permissible among Muslims" means that settlement in the blood money for intentional killing is permissible for more than the prescribed amount because they have the choice between retaliation or blood money. As for the blood money for quasi-intentional killing and accidental killing, these are fixed and must not be exceeded or increased.
Source شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب الديات — islamhouse.com (52:53)

The Arabic text is a machine transcription of the audio recording.

Flag this fatwa