Even though there are people who oppose the demand for large sums of money by families of the victim to pardon the convicted killer, the trend continues. According to knowledgeable sources, the highest amount of money paid for pardon (blood money or diya) was SR11 million which was paid last year. And according to a report in the Arabic daily Al-Watan, in 2004 more than SR40 million exchanged hands in just eight diya payments. A tribal leader is reported as having said that paying millions to pardon a killer is too much and urged the Shoura Council to intervene and create rules and regulations to govern such cases. “Some tribes have a bad habit of intolerance. It is extremely difficult to persuade people to forgive, especially in tribal societies. We shouldn't reward it,” he said. It was with a view to stop such practices that King Abdullah, Custodian of the Two Holy Mosques, as reported by the Saudi Press Agency (SPA) recently, issued a Royal Decree, approving recommendations by a committee regulating the terms for such pardons. The committee comprised representatives from the ministries of interior, justice, Islamic affairs, finance, social affairs, culture and information, the Saudi Arabian Monetary Agency and the Presidency of General Intelligence. Dr. Bakr Bin Hamza Khoshaim, member of the Shoura Council, told Saudi Gazette that for the Council to take up the issue, it has to first come to the Islamic Committee, which, as far as he knows, has not happened yet. “Even if it does come to the committee, it will take time before a decision is arrived at. It is not so simple,” Khoshaim added. He said that in the case of death in a car accident, the diya amount is SR100,000, which is rarely exceeded. It is only in the case of proven intentional killing that the amount shoots up, especially in the tribal areas. Many people do not know what diya (blood money) is, and there is lot of misunderstanding about the practice which is benevolent. It may be noted that the system of blood money was prevalent in at least half a dozen countries in Europe under different names. Mohadar Omar Al-Aidroos, a well-known lawyer who has handled several murder cases, explained that diya is intended to please the victimized party so they may show benevolence and generosity to the convicted murderer. He said that the diya procedure begins after the conviction order is issued. He said that for tribes it is not difficult to raise millions of riyals. Just one person can give one or two million riyals. And there have been cases where an individual has given as much as SR5 million. “For those who cannot manage large amounts, there is a fund called Sandook Al-Kabila or welfare treasury, in places such as Asir, Jizan, Taif, and Najran, which makes the payment,” Al-Aidroos said. The high amount demanded by tribal people is more a show of prestige, than need. Some times, they also demand a house, and a car. In some cases the tribe stipulates that the convict should not live on the tribal land, and should be banished. Al-Aidroos said that it is for non-tribal people generally that the payment is a problem. But there is no penalty or fine if they cannot pay. A one-year period is given to pay the amount agreed upon for diya. The Qadi (judge) keeps track of how much money has been collected. The term is extended yearly. There is no limit. But when the judge sees that no progress is being made in the collection of funds, then the sentence is carried out. Al-Aidroos said that, if, for example, the victim has several juvenile children, the court waits till they are adults, and if one of them then favors pardon without diya, his wish is carried out. Also, murder cases are conducted “with cool minds at a slow pace.” He explained that the delay is because time heals and the strong feeling gives way to sober thinking. The Islamic system of law is based on Shariah – the acts of Prophet Muhammad (pbuh), the Qu'ran, Ijma and Qiyas. Ijma is a consensus among the Ulema (religious scholars) regarding solutions to matters not specifically covered in either the Qur'an or the Sunnah. In difficult cases, where there is no information to provide the basis for a clear decision, Qiyas ‘analogous consideration' is applied in conjunction with the three other sources of the law. In Shariah law, as in other legal systems, a person is presumed innocent until proven guilty. The plaintiff and defendant are equal before the law, and it is incumbent upon the former to provide proof of guilt. Under Shariah, the parents of the victim have three options – to demand punishment, to spare the convict's life and thus receive blessings from God, or to grant clemency in exchange for diya. There are no guidelines as to how much diya money one can ask for in an intentional murder case. Those familiar with the process say that the way it goes is that initially a very large amount - as high as SR 30 million - is demanded – which is a strategy to get the maximum possible. After prolonged negotiations, the amount is drastically reduced, but even then it is beyond the ability of many convicts' families to pay In the case of a death in a traffic accident, the amount is SR100, 000 for a Muslim man and SR50,000 for a Muslim woman, if it is proved that the driver is 100 percent responsible for the accident. During the trial, the family of the man responsible for the accident is asked if it can pay and if it is not able to come up with the money, then the man remains in jail. He will stay in jail until such time as the diya is paid or his jail term has ended. There is hope for amnesty during Ramadan, or if one memorizes the Qur'an, and displays good behavior in jail.
