The Criminal Liability of Women and Their Responsibility for Blood Money: A Comparative Jurisprudential Study

Abstract

Abstract:

This research discusses the criminal liability of women and their responsibility for blood money (diya) from a comparative jurisprudential perspective. The focus of this study is on a woman's physical transgressions against another person that may result in retribution or the payment of blood money, excluding transgressions related to property, reputation, or confessions, which are beyond the scope of this research.

The study reveals that, both legally and according to Islamic law, women bear full responsibility for their criminal actions. In certain cases, a woman may be required to pay the blood money for her actions from her own wealth, without the involvement of her ʿāqila (the collective group responsible for paying the diya), while in other cases, the ʿāqila is involved.

For instance, in cases of intentional homicide, a woman is solely responsible for paying the diya, with no obligation on her ʿāqila. Similarly, for cases of accidental harm short of causing death, if the diya is less than one-third of the full blood money, she bears the responsibility herself, without her ʿāqila, according to the predominant opinion.

Furthermore, the study highlights the honor and care that Islam provides for women. A woman is not required to bear the responsibility for paying the diya of others; instead, this is borne by the male members of the ʿāqila, based on unanimous consensus. Additionally, in cases of accidental homicide, the prevailing opinion is that a woman is not responsible for paying the diya, as this is the duty of her ʿāqila.

In cases of accidental harm short of death, if the diya exceeds one-third of the full amount, the responsibility lies with her ʿāqila by unanimous agreement. The research also indicates the permissibility of a woman contributing with her tribe in bearing the responsibility for blood money, particularly in modern times, given the increase in traffic accidents and her role in driving. The tribe, however, is not considered the woman’s ʿāqila, as clarified in this research.