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- Ziyara 15
If a person crosses the road and gets hit by a vehicle then will payment of Diyat be obligatory on the vehicle driver in case of death of or injury to the pedestrian?
If it is the vehicle driver who dies or is injured, will the payment of Diyat be obligatory on the pedestrian?
The Diyat (blood money) is applied on anybody who causes another human harm, like a wound, breaking of his bones, or death.
How much is the Diyah after beating someone in the following scenarios:
a) If the face is blackened by beating.
b) If the face becomes green.
c) If it is reddened.
d) If it is another part of the body, other than face
The Diyah in beating someone in the face when blackened is six golden dinars. If the face becomes green then it is three dinars. If it becomes red then it is 1.5 dinar. Each dinar is equivalent to 4.25 grams of gold. If the beating was on other than the face, like the hand, leg and foot, or chest then it is half of what is mentioned. If it was on the head then there are various cases with different rulings for the Diyah. All the cases and their rulings are mentioned in details in the book of practical laws.
Can the Diyah be paid in modern currency, or must it be in gold?
It can be paid in gold or what is equivalent to it if the victim is satisfied that it is equivalent.
Must the Diyah be paid immediately or can it be delayed?
It is like the rest of the debts that should be paid with the request of the victim and the ability of the offender to pay.
What if one does not have enough money or means to pay Diyah?
If the offender cannot pay it, it stays as a debt on him.
If a child has been beaten, should he have to receive the Diyah immediately or after reaching the age of adulthood? Will the received Diyah be subjected to Khums?
The Diyah is supposed to be paid to the child right away unless the guardian sees it in the best interests of the child to postpone it. There is no Khums in the Diyah.
Is it permissible for the one who has been beaten to excuse the one who has beaten him, so that he does not have to pay the Diyah?
Yes, it is permissible to forgive the person who hit him and waive the Diyah, except if the victim is a child since there is no effect in his forgiveness till he reaches the age of adulthood.
I hit my child when I was teaching him, and I struck him harder than I wanted to, which resulted in a red mark on his body. If I apologised to him and bought him sweets and treats, would that suffice in compensating him? Or, is there a diyah that I must pay?
There is a diyah (compensation) that you must pay him. You may speak to the guardian of the child, usually the father, and if he sees that forgiving you is in the best interest of the child then he can waive the diyah. Then when the child becomes adult – based on the Sharia defined adulthood - he can be asked to waive the diyah.