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Scholars express concern over exorbitant blood money demands
Published in The Saudi Gazette on 05 - 08 - 2012


Okaz/Saudi Gazette
MADINAH — A number of citizens, including religious scholars, have condemned the growing tendency by the relatives of murder victims to demand excessive sums in blood money or diya in return for pardoning perpetrators of the crime.
According to scholar Ali Bin Abbas Al-Hakami, during the times of the Prophet Muhammad (peace be upon him), diya was restricted to 100 camels, which still serves as the criterion to fix the blood money, a right guaranteed by Shariah to the heirs of murder victims.
Al-Hakami stressed the importance of tasking a Shraiah committee to fix the value of the blood money based on the market price of camels as the prices vary from one region to another.
Earlier this week, the family of Khaled Bin Falah Al-Harbi celebrated the news that their son will be released from jail and spared the death penalty. Al-Harbi, 18, was found guilty of killing a man in a fistfight and was sentenced to death.
Tribal leaders made several attempts to convince the victim's family to pardon Al-Harbi. They finally agreed on condition that SR30 million in blood money be paid within three months.
Having successfully raised SR25 million, the family was unable to raise the remaining amount and the Aug. 17 deadline was fast approaching. Upon hearing Al-Harbi's story, Sheikh Salah Bin Faraj Al-Dhabali paid the remaining SR5 million.
Last September, authorities approved a proposal to limit of blood money for murder to SR400,000 and accidental deaths to SR300,000. The proposal was made by the Supreme Court in light of the hikes in the price of camels.
The decision was made after the value of blood money remained stagnant for nearly 30 years. A special committee appointed by Shariah courts had fixed the blood money at SR100,000 based on the estimated price of camels then.
Al-Hakami urged the legal heirs of victims to refrain from demanding exorbitant amounts of blood money as this is against the spirit of the Shariah.
“Those who are willing to pardon a culprit should not ask for astronomical amounts if they seek Allah's pleasure and reward in the Hereafter,” he said.
Nasser Bin Mesfir Al-Zahrani, Executive Chairman of the Reconciliation Committee in Makkah Region, said his committee had recommended official intervention in case the heir of a murder victim demanded millions to pardon the perpetrator since a royal order had been issued fixing the maximum limit of blood money at SR500,000.
He said on estimating the value of the diya, the reconciliation committee takes into account the real intention of the heirs in seeking blood money and pardoning the perpetrator. He said the heirs of a victim should seek Allah's pleasure rather than worldly gains.
“The compensation for capital crimes receives the attention of the highest authority in the country – the King himself. Failure to abide by guidelines governing the diya law is an encroachment on Shariah principles,” Al-Zahrani added.


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