The Shaykh’s discussion with the student regarding the issue of blood money in a rare case of killing a soul.
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The questioner : So I looked at her as she is now, after the operations, of course.
The Shaykh : After the operations.
The questioner : But nothing is seen in her.
The Shaykh : Yes.
The questioner : Nothing is seen in her.
The Shaykh : Nothing is seen.
The questioner : It has ended now, it is finished, I mean.
The Shaykh : Ah, but this is her appearance.
The questioner : Her appearance is sound.
The Shaykh : Sound, I mean.
The questioner : Her appearance is sound.
The Shaykh : Ah, in any case, regarding the value of the blood money, I do not have it at hand, because first, the case is rare in occurrence, and second, there is no precedent like it, because the judiciary intervenes in such cases. In the killing of a soul without right, they do not rule by the Shari'ah, let alone what is called in the language of jurists the compensation, meaning the blood money for limbs. They do not adhere to the Shari'ah in this, and we do not ask about it. Therefore, I do not have a precedent for how much the blood money is. But we say, regarding the situation you are talking about, if he agreed to the settlement willingly of his own accord, he has no right to return; it is not permissible for him to return. But the perpetrator or his guarantor, who is his father, must clear his conscience and pay the blood money that the wise Shari'ah prescribes. This is the answer.
The questioner : All right, my Shaykh, allow me one point.
The Shaykh : Wait, wait.
The questioner : Here, I will make it clearer for you.
The Shaykh : No, wait until we are finished.
The questioner : If Allah wills.
The Shaykh : You mentioned that the man says he was deceived.
The questioner: Yes.
The Shaykh : So his claim here is not heard; rather, the witnesses who were present at the settlement are heard. If they testify to his statement, then at that time he has the right to demand his right, and the perpetrator or his guarantor must clear his conscience by paying the full blood money. Now, if you have something to say, say it.
The questioner : All right, my Shaykh, now regarding the witnesses, they say that the matter was completed and an agreement was reached on this fixed amount.
The Shaykh : I do not care about that, my brother. I want the answer to my question: Do they testify that he was deceived or not? That is what I am telling you.
The questioner : This is a very difficult matter, my Shaykh. This is a matter that he keeps in his heart; whether he was deceived or not.
The Shaykh : No, we are not talking about what is in hearts; we are not talking about what is in hearts.
The questioner : This is very difficult.
The Shaykh : My brother, may Allah guide you. We are not talking about what is in hearts.
The questioner: Yes, Shaykh.
The Shaykh : We talk about the apparent. What is difficult? The legal rulings: a person is killed on the testimony of two false witnesses. What is difficult?
The questioner : The apparent, my Shaykh, is that they say he visited the doctor, and the doctor told him that this amount is sufficient for his treatment, and that this matter...
The Shaykh : Leave it to me... May Allah guide you. You have now evaded the answer.
The questioner : Some of the witnesses say, yes, he was deceived, my Shaykh. They have no choice but to pay. What is the legal ruling in this? Does the blood money remain standing and they pay it in installments, for example, in payments to him, or is it distributed, or...
The Shaykh : The problem here is that there is an Islamic ruling; there is no [harm to] the body of a Muslim. The Muslims cooperate with each other. The family, the family must...
The questioner : His family said, we are absolutely unable to pay. After paying the blood money, is the right of the perpetrator who struck dropped, or does the perpetrator also receive his punishment by imprisonment?
The Shaykh : No, there is no imprisonment.
The questioner : Here, our brother who was struck says, I want the blood money, and the perpetrator receives his punishment, meaning he is imprisoned. He has not dropped his right against him now.
The student : Meaning, since he paid the blood money, it is finished, nothing...
The questioner : Nothing remains upon him; it is finished.
The Shaykh : After the operations.
The questioner : But nothing is seen in her.
The Shaykh : Yes.
The questioner : Nothing is seen in her.
The Shaykh : Nothing is seen.
The questioner : It has ended now, it is finished, I mean.
The Shaykh : Ah, but this is her appearance.
The questioner : Her appearance is sound.
The Shaykh : Sound, I mean.
The questioner : Her appearance is sound.
The Shaykh : Ah, in any case, regarding the value of the blood money, I do not have it at hand, because first, the case is rare in occurrence, and second, there is no precedent like it, because the judiciary intervenes in such cases. In the killing of a soul without right, they do not rule by the Shari'ah, let alone what is called in the language of jurists the compensation, meaning the blood money for limbs. They do not adhere to the Shari'ah in this, and we do not ask about it. Therefore, I do not have a precedent for how much the blood money is. But we say, regarding the situation you are talking about, if he agreed to the settlement willingly of his own accord, he has no right to return; it is not permissible for him to return. But the perpetrator or his guarantor, who is his father, must clear his conscience and pay the blood money that the wise Shari'ah prescribes. This is the answer.
The questioner : All right, my Shaykh, allow me one point.
The Shaykh : Wait, wait.
The questioner : Here, I will make it clearer for you.
The Shaykh : No, wait until we are finished.
The questioner : If Allah wills.
The Shaykh : You mentioned that the man says he was deceived.
The questioner: Yes.
The Shaykh : So his claim here is not heard; rather, the witnesses who were present at the settlement are heard. If they testify to his statement, then at that time he has the right to demand his right, and the perpetrator or his guarantor must clear his conscience by paying the full blood money. Now, if you have something to say, say it.
The questioner : All right, my Shaykh, now regarding the witnesses, they say that the matter was completed and an agreement was reached on this fixed amount.
The Shaykh : I do not care about that, my brother. I want the answer to my question: Do they testify that he was deceived or not? That is what I am telling you.
The questioner : This is a very difficult matter, my Shaykh. This is a matter that he keeps in his heart; whether he was deceived or not.
The Shaykh : No, we are not talking about what is in hearts; we are not talking about what is in hearts.
The questioner : This is very difficult.
The Shaykh : My brother, may Allah guide you. We are not talking about what is in hearts.
The questioner: Yes, Shaykh.
The Shaykh : We talk about the apparent. What is difficult? The legal rulings: a person is killed on the testimony of two false witnesses. What is difficult?
The questioner : The apparent, my Shaykh, is that they say he visited the doctor, and the doctor told him that this amount is sufficient for his treatment, and that this matter...
The Shaykh : Leave it to me... May Allah guide you. You have now evaded the answer.
The questioner : Some of the witnesses say, yes, he was deceived, my Shaykh. They have no choice but to pay. What is the legal ruling in this? Does the blood money remain standing and they pay it in installments, for example, in payments to him, or is it distributed, or...
The Shaykh : The problem here is that there is an Islamic ruling; there is no [harm to] the body of a Muslim. The Muslims cooperate with each other. The family, the family must...
The questioner : His family said, we are absolutely unable to pay. After paying the blood money, is the right of the perpetrator who struck dropped, or does the perpetrator also receive his punishment by imprisonment?
The Shaykh : No, there is no imprisonment.
The questioner : Here, our brother who was struck says, I want the blood money, and the perpetrator receives his punishment, meaning he is imprisoned. He has not dropped his right against him now.
The student : Meaning, since he paid the blood money, it is finished, nothing...
The questioner : Nothing remains upon him; it is finished.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.