The Islamic Shari'ah equalized the limbs regarding blood money, making the hand equivalent to the hand. If a person is found whose hand has been cut off, and he used his hand for several professions, more than...
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The questioner: His EminenceThe Shaykh : From the magnanimity of the Islamic Shari'ah is that it equalized the limbs regarding blood money. But there is a doubt they raise: if there is a person whose hand or leg, for example, his hand, has been amputated, and this person worked, for example, as a printer or in a major profession, earning a lot from this hand, and on the other hand, there is another person who does not earn much from his hand, they ask: how is the equalization of blood money for this one and that one? They differentiate, or in some cases, they make it so that for the one who earns with his hand, there is a type of compensation that is more than the blood money or more than the diyah. What is your opinion regarding this matter of blood money and also the matter of diyah?
The Shaykh : Do you mean combining blood money?
The questioner: Yes.
The Shaykh : Then repeat the question for me?
The questioner : The Islamic Shari'ah equalized the limbs regarding blood money, making the hand equivalent to the hand, and so on. So if a person is found whose hand has been cut off, and this person, for example, used his hand to obtain a lot of money?
The Shaykh : More than others.
The questioner : More than others. So if we compel the perpetrator to pay the blood money assessed for this hand, for example, the family of the one whose hand was amputated would say that this person used to receive, for example, three hundred dinars a month, and these funds ended because this man cut off his hand. So is there nothing in addition to the blood money as compensation?
The Shaykh : Who pays the compensation?
The questioner : The perpetrator.
The Shaykh : No, let the state pay. The perpetrator does not pay more than what the Wise Lawgiver, who created people, has prescribed. As He said:[Al-Mulk 67:14] It is not permissible for the state that rules by what Allah has revealed to impose a blood money greater than what Allah has prescribed. And if this victim suffers greatly because a limb of his was cut off, where his livelihood depended on it, then it is upon the state to compensate, not upon the perpetrator.
The Shaykh : Do you mean combining blood money?
The questioner: Yes.
The Shaykh : Then repeat the question for me?
The questioner : The Islamic Shari'ah equalized the limbs regarding blood money, making the hand equivalent to the hand, and so on. So if a person is found whose hand has been cut off, and this person, for example, used his hand to obtain a lot of money?
The Shaykh : More than others.
The questioner : More than others. So if we compel the perpetrator to pay the blood money assessed for this hand, for example, the family of the one whose hand was amputated would say that this person used to receive, for example, three hundred dinars a month, and these funds ended because this man cut off his hand. So is there nothing in addition to the blood money as compensation?
The Shaykh : Who pays the compensation?
The questioner : The perpetrator.
The Shaykh : No, let the state pay. The perpetrator does not pay more than what the Wise Lawgiver, who created people, has prescribed. As He said:
Does He who created not know, while He is the Subtle, the Acquainted?
ألا يعلم من خلق وهو اللطيف الخبير
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.