Diyya and Qishash (Islamic Shari'a)

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O ye who believe, prescribed for you qishaash respect to the people who were killed; free people with free, servant of the servants, and women with women. So whoever who gets a pardon from his brother, let (the pardon) followed with a good way, and let (the given sorry) pay (blood money) to the giving ma'af in a good way (anyway). That is an alleviation from your Lord and a mercy. Anyone who exceeded the limit after that, then her grave penalty qishaash And in it there (guarantee of) Life to you, O men of understanding, that ye may be cautious.

[Al-Baqarah 2 / 178-179]


And do not kill the soul which Allah has forbidden (to kill), but with a (reason) is true. And whoever killed unjustly, then indeed We have given power unto his heir, but do not be heir was exceeded in the killing. Indeed he was the one who got help.

[Al-Israa '17/33]





And not for a believer to kill a believer (the others), but because by mistake (unintentionally), and whoever kills a believer by mistake because (let) he free a slave who believe and pay blood money is handed over to his family (the slain ), unless they (the family was killed) charity. If he (the slain) of the (pagan) that there is agreement (peace) between them with you, then (let the killer) to pay blood money is handed over to his family (the slain) and liberate slaves who believe. Those who do not get it, then let him (the killer) fast two consecutive months for the acceptance of repentance from Allah. And Allah is Knower, Wise.

[An-Nisa '4/92]


From Anas RA, that sister Rubayyi ', his mother Haritsah, ever hurt someone. Then all the family went denounce it to the Prophet Muhammad. After hearing the complaint, the Prophet said, "Organise qishash law, the law of Qisas carry!" But, Um Rubayyi 'objected to this sentence and said, "O Messenger of Allah, if necessary sentenced to Qisas against fulanah? By Allah, do not you drop the Qisas punishment to him!" Then the Prophet said, "Glory to God! O Umm Rubayyi ', is not the law of Qisas was already a provision of God?" Um Rubayyi "replied," By Allah O Messenger of Allah, let him not sentenced to Qisas for ever! "Meanwhile Umm Rubayyi 'urging, until the victim's family to accept diyat. Finally, the Prophet Muhammad said," Verily among the servants of God if there are people who swear by God, then he will do good to him. "

[Muslim: 5 / 105-106]


Of Abu Musa, he said, "If the Prophet Muhammad was about to send one of his companions in an affair, so he always told, 'Do not you announce and gusarkan (make them mad), and they make it easy and do not be difficult for you'."

[Saheeh: Ash-Shahihah (1151): Muttafaq 'Alaih]


From Abdullah bin 'Amr, he said, "Surely the magnitude of diyat at the time of Prophet Muhammad SAW eight hundred dinars or eight thousand dirhams, while diyat Ahl-ul-book at the time was half of diyat the Muslims." Narrator said, "So it was thus their diyat case until the time of Caliph Umar RA when he stood preaching, 'Know the real price of the camel ride (expensive)'." Narrator said, "Then Umar require the owner to pay a thousand gold dinars, for the owner of the currency to pay an amount of twelve thousand dinars for cattle owners to pay two hundred cows, the sheep owners to pay two thousand sheep, and for the owners of clothing to pay two hundred pairs of underwear. " Narrator says, "And diyat for ahlu-zimmah remain as before without raising as diyat-diyat other."

[Hasan: Al Irwa (2447), Al Misykah (3498)]


From Abu Hurairah that the Prophet Muhammad SAW said, "In rikaz (treasures) there is a fifth zakat obligation."

[Abu Dawud no.3085]



Has been reported to us by Yazid ibn Harun has been reported to us by Muhammad ibn Ishaq Al Harith bin Fudhail of Abu Sufyan bin Al 'Auja` As Sulami of Abu Shuraih Al Khuza'i he said; I heard the Prophet Muhammad sallallaahu 'alaihi wasallam said: "Whoever is tested with the murder of the soul, or khabl khabl is then wound to her right to choose one of three things, if he wanted additional fourth, then forbid him. That is the reply, or forgive , or take blood money. If he had taken one of those three things, then exceed the limit after that, then for him Hell, he will abide therein. "

[Ad-Darimi No.2245]


Has been reported to us by Al Hakam ibn Musa has told us Yahya bin Hamzah of Solomon the son of David had told me Az Zuhri of Abu Bakr ibn Muhammad ibn 'Amr ibn Hazm from his father from his grandfather that the Prophet Muhammad sallallaahu' alaihi wasallam has written a letter to residents Yemen, and among the contents of the letter are: "Whoever kills a believer wrongfully with no clear evidence, then he gets a reply, unless the guardian of the person killed was willing." Abu Muhammad said; "I'tabatha is right to kill without reason."

[Ad-Darimi No.2246]


Has been reported to us Ja'far bin 'Aun of Isma'il ibn Muslim from' Amr ibn Dinar from Thawus from Ibn Abbas he said; the prophet Muhammad sallallaahu 'alaihi wasallam said: "The penalty had not be enforced in the mosque, and no qisas parents to their children."

[Ad-Darimi No.2251]


Has been reported to us Ahmad bin Abdullah Al-Hamdani has told us Abu Usamah of 'Auf of Hamzah Abu Omar from' Alqamah bin Wa`il Al Hadrami from his father that Wa`il bin Hujr he said; "I saw the Prophet Muhammad sallallaahu 'alaihi wasallam when imported murderer guided by family killed in a bound state. Then the Prophet Muhammad sallallaahu' alaihi wasallam asked the victim's guardian:" Do you mema'afkan? "He said:" Do not. " He said: "Did you ask for ransom?" He said: "Do not." He said: "Are you going to kill him?" He said: "Yes." The Prophet Muhammad sallallaahu 'alaihi wasallam said: "Had you forgive him, then he will bring your sins and the sins of your friend. "Wa`il bin Hujr said;" Then let the victim guardian. Wa`il said; "After that I saw a person who kills pull the reins and carers of people killed has mema'afkannya."

[Ad-Darimi No.2253]


Has told us Mu'adh bin Hani` have told us Muhammad bin Muslim has told us' Amr ibn Dinar from Ikrimah from Ibn Abbas, he said; "A man killed another man at the time of the Prophet Muhammad sallallaahu 'alaihi wasallam. Then the Prophet Muhammad sallallaahu' alaihi wasallam establish that diyatnya twelve thousand. That is the word of God and they do not denounce (Allah and His Messenger) , except for Allah and His Messenger has bestowed His gifts to them. Surah At-Tauba; 74, ie the problem of making diyat.

[Ad-Darimi No.2257]


Has told us Al Hakam ibn Musa has told us Yahya bin Hamzah of Solomon the son of David had told me Az Zuhri of Abu Bakr ibn Muhammad ibn 'Amr ibn Hazm from his father from his grandfather that the Prophet Muhammad sallallaahu' alaihi wasallam once wrote a letter to residents Yemen, and among the contents of the letter is, "..... to the nose when cut, everything is one diyat, for one diyat tongue, lips one to two diyat, one diyat two testicles, penis one diyat, spine one diyat, two eyes of one diyat, a foot and a half diyat, injuries to the brain, diyat-third, one-third diyat injuries, bone cracked and shifted fifteen camels. "

[Ad-Darimi No.2260]


Has told us Nu'aim have told us Shu'bah of Ghalib At Tammar of Masruq bin Aus of Abu Musa Al-Ash'ari of the Prophet Muhammad sallallaahu 'alaihi wasallam he said: "It is and it is the same." Then I said; "Ten, ten ?." He said: "Yes, Ten camels"

[Ad-Darimi No.2263]


Has told us Abu Nu'aim have told us Shu'bah of Qatadah of Ikrimah from Ibn Abbas of the prophet Muhammad sallallaahu 'alaihi wasallam, he said: "It is and it is the same." He gestured to show little finger and his thumb. "

[Ad-Darimi No.2264]


Has been reported to us by Uthman ibn Muhammad has told us 'Abdah of Sa'id of Mathar of' Amr ibn Shu'ayb from his father from his grandfather, he said; Prophet Muhammad sallallaahu 'alaihi wasallam decided to look for cuts in the bone is a fine of five, which is five camels. "

[Ad-Darimi No.2266]


Has been reported to us by Uthman ibn Muhammad has been reported to us 'Abdah of Sa'id of Mathar of' Amr ibn Shu'ayb from his father from his grandfather he said; "Prophet Muhammad sallallaahu 'alaihi wasallam decided to gear (the fine is) five, namely five camels."

[Ad-Darimi No.2268]


Has been reported to us Sulayman ibn Harb has told us Shu'bah of Ayyub Al Qasim ibn Rabi'a of Abdullah bin 'Amr, he said; Prophet Muhammad sallallaahu 'alaihi wasallam said: "The man who was killed by accident is similar to the people who were killed under torture with whips, or stick, diyatnya is one hundred camels, forty of whom were pregnant."

[Ad-Darimi No.2277]


From Abdullah bin 'Amr bin Al' Ash that the prophet Muhammad has said, "Diyat similar to intentional murder because fights are as diyat intentional killing, the murderer is not killed, it was because Satan possessed man so blindly killing occurred were not because of envy and not fight with weapons. "

[Abu Daud No.4566]


From Ibn Abbas, he said, "The Prophet Muhammad said," Whoever is killed in an indiscriminate (error), when the throwing-throw stones between them, or with a whip or because of beatings with sticks, then diyatnya is diyat murder is wrong (unintentionally). Whoever is killed intentionally, then it is qishash case. And, anyone who obstruct the Qisas then her curse of Allah and His angels and all mankind. "

[Abu Daud No.4591]


Has told us Wahb bin Jarir has told us Hisham from Yahya Abu Qilabah of Thabit bin Adh Dahhak that the Prophet sallallaahu 'alaihi wasallam said: "curse a believer like to kill him, whoever killed himself with anything in the world, then he was tortured with instruments that on the Day of Judgment. "

[Ad-Darimi No.2255]


Has told us Sadaqah bin Al Fadl has been reported to us by Ibn 'Uyainah have told us Mutharrif say; I heard Ash sya'bi, he said; I heard Abu Juhaifah say, I asked Ali radliallahu 'anhu; 'Do you have anything that is not mentioned in the Quran? 'Another occasion he said; 'Which does not exist in people? 'He replied; 'By the One who splits the grain and create humans, we do not have in addition to that contained in the al Qur'an, except of understanding which is given to a person against his book and contained in the piece.' I ask; 'What is contained in the piece? 'He replied; 'Ie pay diyat, freeing prisoners, and a Muslim must not be killed because of the unbelievers.'

[BUKHARI No.6394]


Mahmud had told us had been reported to us 'Ubaydullah of Isra'il of Abu Hashin from Abu Salih from Abu Hurayrah radliallahu' anhu said; that the Prophet Muhammad shallallaahu 'alaihi wasallam said: "He is not mine to make no demands diyat wretched, wretched wells makes no demands of fines, animals that make no demands diyat wretched, and hidden treasure (if found someone) a fifth zakat".

[BUKHARI No.2184]


Has told us Muhammad bin 'Abdullah Al Anshoriy said Humaid has told me that Anas told them that Ar Rubayyi', she was the daughter of AnNadhar breaking the front teeth to a daughter and they ask for compensation, but they refuse to end their (second the it) to see the Prophet Muhammad shallallaahu 'alaihi wasallam. He then ordered them to enforce qishosh (charges reply in kind). Then Anas bin An-Nadhar said: "Do we have to break his front teeth ar-Rubayyi 'O Messenger of Allah? By the One who sent Mr. properly, we will not break his teeth". Then he said: "O Anas, in the Book of God is no provision qishosh (God is set qishosh)". So it's the last good pleasure forgive. Then the Prophet Muhammad shallallaahu 'alaihi wasallam said: "Verily among the servants of God is sworn servant when he hits". Humaid Al Fazariy added from Anas: "So it's the pleasure of and receive compensation".

[BUKHARI No.2504]


Has told us Qutaibah have told us Al Layth from Ibn Shihab from Ibn Musayyab from Abu Hurayrah that he said; Prophet Muhammad Shallallahu'alaihiwasallam set of female fetuses aborted from Bani Laliyan with ghurrah (diyat with one slave or slave girl), then women who decide to pay ghurrah he died, the Prophet Muhammad Shallallahu'alaihiwasallam decided that his legacy to his son and her husband, being diyya for 'ashobah.

[BUKHARI No.6243]


Muhammad has told us has been reported to us by Abu Mu'awiya had told us Hisham from his father from Mughirah bin Shu'bah said, "Umar bin Khattab never asked about imlash, the belly of a pregnant woman was beaten so her fetus miscarriage. Umar ask, "Who among you who heard the Prophet Muhammad shallallaahu 'alaihi wasallam said about it?" I replied, "I do." Umar asked,' What do you think? 'I replied, "I heard the Prophet Muhammad sallallaahu' alaihi wasallam said about him , which pays ten diyat equivalent value of the slaves or the slaves. "Umar then said," Please you do not go away until you take me affirmation you say! "Then I went out and found Muhammad bin Maslamah, I took it and he testified with me that he heard the Messenger Muhammad shallallaahu 'alaihi wasallam said about him, namely pay ten diyat is worth a slave or a slave. " This hadith is reinforced by Ibn Abu Az Zinad of his father from Urwa from Mughirah.

[BUKHARI No.6773]


Has told us Ali bin Abdullah has told us Sufyan had told us Abu Az Zanad of Al A'raj of Abu Hurairah said the Prophet Muhammad SAW said; "If someone saw you without permission from you, then you prick with a stick so that the blind eyes, then there is no diyat upon you."

[BUKHARI No.6393]


Adam has told us of Shu'bah of Qatadah of Ikrimah from Ibn Abbas from the Prophet Muhammad shallallaahu 'alaihi wasallam said; "It is and it is the same," which he meant the little finger and index finger. Has told us Muhammad bin Bechar has told us Ibn Abi 'Adi from Shu'bah of Qatadah of Ikrimah from Ibn Abbas said; I heard the Prophet Muhammad shallallaahu 'alaihi wasallam. Such as the hadith above.

[BUKHARI No.6387]






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