The Inclusion of the Homicide Offendewith Their Male Relatives (Al-Āaqila) in Bearing Blood Money (Ad-Diya): A Comparative Jurisprudential Study

Abstract

Abstract:

This jurisprudential issue that revolves around the inclusion of the homicide offender with their male relatives (Al-Āaqila) in bearing blood money (Ad-Diya) holds significant importance in main books across the four schools of Islamic jurisprudence. Jurisprudence scholars have handled this issue and have revealed its correct Islamic legal position by using evidence, argumentation and sound judgment. I have divided the current research paper into an introduction, two main topics, and a conclusion. Within this frame, linguistic and technical definitions of the homicide, homicide offender’s male relatives (Al-Āaqila), and blood money (Ad-Diya) are given. Subsequently, I moved to illustrate the penalties on the adult sentenced for semi-intentional homicide and accidental homicide. Then I reviewed the debates of the jurisprudence scholars around the inclusion of the homicide offender with their male relatives (Al-Āaqila) in bearing blood money (Ad-Diya). My inclination, as the researcher, is that the homicide offender should not be included with their male relatives (Al-Āaqila) in bearing blood money (Ad-Diya) and they are not obligated to contribute to it. Allah is highest and He knows best, while leaving the matter with Him remains safest. May Allah bless our Prophet Mohammad and all his family and companions.