Collecting blood money from relatives in the case of accidental killing
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, in our custom, if a person kills another by mistake, the father of the perpetrator or whoever stands in for him goes to all the relatives, even if they are from a distant branch, even if their number is five hundred people.
The Shaykh:
With you?
The questioner:
In our custom, if a person kills another by mistake, the father of the perpetrator or whoever stands in for him goes to all the relatives, even if they are from a distant branch, even if their number is five hundred people. Is this action correct? It exceeds the scope of the 'aqilah, even though there might be sufficient people among them.
The Shaykh:
This is the current reality. This is the current reality. The 'aqilah is no longer mentioned, and the judges do not hold the 'aqilah responsible; they have left this matter, which is a ruling of the Shari'ah that must not be abandoned. Now the perpetrator is the one who goes to collect the debt from people. He stands in the mosques, goes to the markets, goes to the princes, and collects the debt. This is contrary to what is prescribed. What is prescribed is that the 'aqilah bears the burden, and the perpetrator does not go to collect it from people or ask people for it. He owes nothing of the debt according to the Shari'ah. So how is it that he is the one who goes to collect the debt? But the Shari'ah ruling regarding the 'aqilah has not been implemented. Yes.
He says: Honorable Shaykh, may Allah grant you success, in our custom, if a person kills another by mistake, the father of the perpetrator or whoever stands in for him goes to all the relatives, even if they are from a distant branch, even if their number is five hundred people.
The Shaykh:
With you?
The questioner:
In our custom, if a person kills another by mistake, the father of the perpetrator or whoever stands in for him goes to all the relatives, even if they are from a distant branch, even if their number is five hundred people. Is this action correct? It exceeds the scope of the 'aqilah, even though there might be sufficient people among them.
The Shaykh:
This is the current reality. This is the current reality. The 'aqilah is no longer mentioned, and the judges do not hold the 'aqilah responsible; they have left this matter, which is a ruling of the Shari'ah that must not be abandoned. Now the perpetrator is the one who goes to collect the debt from people. He stands in the mosques, goes to the markets, goes to the princes, and collects the debt. This is contrary to what is prescribed. What is prescribed is that the 'aqilah bears the burden, and the perpetrator does not go to collect it from people or ask people for it. He owes nothing of the debt according to the Shari'ah. So how is it that he is the one who goes to collect the debt? But the Shari'ah ruling regarding the 'aqilah has not been implemented. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 104 من 123/شرح كتاب زاد المستقنع/الديات/الشجاج وكسر العظام/صالح الفوزان/الفقه/كبار العلماء — youtube.com (43:32)
The Arabic text is a machine transcription of the audio recording.