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The diyya for losing an eye
Question
Answer
The Messenger of Allah said, "There is a diyya for the eyes." [Recorded by Al-Nisa`i, al-Dharmi and al-Baihaqi]. Consequently, this means that half the diyya is due for losing a single eye.
Definition
The diyya is an obligatory sum paid in compensation to the victim or his family for a crime committed against him. Its obligatoriness is established by the Qur`an, sunnah and scholarly consensus. In the Quran, Allah the Almighty says,
Pay compensation to the victim's relatives, unless they charitably forgo it. [Al-Nisaa`, 92]
Abu Bakr Ibn Mohammed Ibn 'Amr Ibn Hazm narrated through his father who narrated through his own father that the Messenger of Allahwrote to the people of Yemen and said, "If a believer is unjustly killed and there are witnesses to the crime, the offender is to receive his penalty unless the victim's relatives forgive him. The diyya for a victim's life is 100 camels, the life of a man for a woman's, and 1000 dinars from those [living in a place where] goods are computed in terms of gold" [Al-Nisa`i]. The Muslim community is unanimous on the obligation of the diyya.
The amount of diyya
The majority of scholars have maintained that the diyya of a free Muslim male is 100 camels (or their equivalent) from a person living in a place where goods are computed in terms of the value of camels, 200 cows (or their equivalent) from a person living in a place where goods are computed in terms of the value of cows, 12, 000 dirhams from a person living in a place where goods are computed in terms of silver, and 200hulla [a paired garment] (or their equivalent) from a person living in a place where goods are computed in terms of the value of hullal. These estimates were laid down by the Messenger of Allah.
If the victim's guardian chooses to accept the diyya, he is to take whatever type is presented to him even if it is not the vehicle of exchange where he lives. This is because the offender has satisfied the applicable pecuniary compensation.
The amount of diyya and method of payment
Since this system does not suit all cases of diyya at present, we opine that it should be paid from the least valuable of the prescribed categories which is silver; based on the principle of freedom of liability from anything in surplus of the prescribed amount. Based on this, the diyya is 12, 000 dirhams. According to the majority of scholars, a dirham is 2 kg 975 g of silver approximately, so the overall diyya would be 35 kg 700 g of silver, to be calculated according to the market price of the day on which the diyya is established either by agreement between the concerned parties or the courts. It may be paid in installments over a period of not less than three years. If the offender's family does not have the resources, the murderer is to pay the diyya himself. If not, it is permissible for others to pay it on his behalf even if from zakat funds.
The diyya of a woman
The majority of scholars have maintained that the diyya of a woman is half of that of a man. They based their opinion on Al-Baihaqi's narration who transmitted it from Mo'az Ibn Jabal (may Allah be pleased with him) who reported that the Prophetsaid,"The diyya of a woman is half of that of a man" [Al-Baihaqi said that the hadith has a very weak chain of transmitters]. Al-Assamm and Ibn 'Ulaya contended otherwise; according to them the diyya of a woman is the same as that of a man. The diyya, in practice and the opinion implemented for fatwa, is based on the opinion of the majority of scholars due to the above hadith and other similar ones.
Diyya for involuntary manslaughter
Age is not a factor in the determination of the diyya for an involuntary manslaughter. It is permissible to forgive the offender and waive one's claim to diyya or accept a smaller payment based on the Qur`anic verses,
Pay compensation to the victim's relatives, unless they charitably forgo it [An-Nisaa`, 92]
But if the culprit is pardoned by his aggrieved brother, this shall be adhered to fairly, and the culprit shall pay what is due in a good way. This is alleviation from your Lord and an act of mercy. If anyone then exceeds these limits, grievous suffering then awaits for him [Al-Baqarah, 178].
The Wise Lawgiver has authorized the victim's family to waive its right to the diyya or to part of it if the murderer is unable to pay the full amount or part of it. On the other hand, it is permissible for the victim's family to accept it in full because it is their right.
The ruling
Based on the above, the obligatory diyya for a single eye is equivalent to 17 kg 850 g of silver.
Allah the Almighty knows best.
