Tuesday, 3 January 2012

LEGAL : Diyat

By
Ustadz Kholid Syamhudi Lc

In previous editions, has been discussed about the Qisas as punishment for the perpetrators of intentional murder Jinayat on its terms and conditions. There are also other penalties associated with a known perpetrator Jinayat diyat punishment. Then if the punishment diyat it? The following explanation.

Diyat



DEFINITIONS :

Diyat

Word

Diyat

(دية) etymologically derived from the word "Farewell - Yadi - wadyan diyatan wa" (ودى يدى وديا ودية). When used mashdar wadyan (وديا) means the sala (سال = flow) are often associated with the valley, as in the word of Allah Almighty:

إني أنا ربك فاخلع نعليك إنك بالواد المقدس طوى

Verily I am rabbmu, then the second tanggalkanlah terompahmu. Surely, you are in the sacred valley, Thuwa. [Thâhâ/20: 12].

However, if the use is mashdar diyatan (دية), means' to pay ransom treasure given to the victim or his guardian to cause criminal persecution (Jinayat).

The original form of the word

Diyat

(دية) is widyat (ودية) who disposed of his letters kite, such as word عدة and لوعد صلة of the word and. الوصل [1

While the terminology diyat Shari'a is a treasure that must be paid and administered by the perpetrator to the victim or his guardian Jinayat in compensation, Jinayat caused by the offender to the victim. [2]

This definition includes murder and

Diyat

the injured limb, for property damages awarded to victims when jinâyatnya not to kill him and given to the guardian if the victim was killed.

SENTENCE :

Diyat

Punishment in Islamic Law

Diyat

disyari'atkan based on arguments of al-Qur'ân, Sunnah and ijma '. Among the evidence of al-Qur'ân is the Word of Allah Almighty:

فمن عفي له من أخيه شيء فاتباع بالمعروف وأداء إليه بإحسان

Whoever gets a remission of his brother, who should forgive follow in a good way, and be given the sorry pay diyat to forgive in a good way too. [Al-Baqarah / 2:178]

This applies to intentional murder is also the word of Allah Almighty:

وما كان لمؤمن أن يقتل مؤمنا إلا خطأ ومن قتل مؤمنا خطأ فتحرير رقبة مؤمنة ودية مسلمة إلى أهله إلا أن يصدقوا فإن كان من قوم عدو لكم وهو مؤمن فتحرير رقبة مؤمنة وإن كان من قوم بينكم وبينهم ميثاق فدية مسلمة إلى أهله وتحرير رقبة مؤمنة فمن لم يجد فصيام شهرين متتابعين توبة من الله وكان الله عليما حكيما

And inappropriate for a believer to kill another believer, except for tersalah unintentionally. And whoever kills a believer because tersalah, let him free a believing slave and pay diyat delivered to his family (he was killed), unless they (family killed) charity. If he (the slain) of the (pagan) an existing agreement (peace) between them with you, then (let the killer) to pay diyat delivered to his family (he was killed) as well as freeing a believing slave. Those who do not get it, then let him (the killer) fast two consecutive months for the acceptance of repentance to God. and Allah is Knower, Wise. [An-Nisa '/ 4:92]

It is associated with unintentional murder and intentionally similar.

While the Sunnah of them are words of the Prophet sallallaahu 'alaihi wa sallam:

من قتل له قتيل فهو بخير النظرين إما أن يفدى وإما أن يقتل

Whoever killed her family so she could choose two options, can choose diyat and can also choose the culprit killed (Qisas). [HR al-Jama'ah].

Similarly, the Muslims have agreed on pensyariatan diyat on Jinayat murder.

PENALTY APPLIED WHEN diyat?
Diyat is part of the sentence imposed by the judge upon:
1. People who have been legally proven to kill the faithful, is not accidentally or intentionally similar. However, if the heirs of the victim to give up diyat, the condemned man and his family is not obligated to pay diyat.

2. People who have been proven legally kill the infidel dhimmis (infidels who held a mutual agreement not to fight with the Muslims).

3. Persons convicted of Qisas (murder or injuries intentionally), but condoned by the heir of the victim.

SIZE diyat MURDER
Diyat as a punishment to have a certain size that have been established Shari'ah, depending on the victim's murder. It can be summarized as follows:

1. Independent Muslim Men
The cleric agreed to make an independent Muslim diyat hundred camels, [3] is no different in this respect between the murder intentionally, not accidentally and intentionally similar. It is based on the words of the Prophet sallallaahu 'alaihi wa sallam:

ألا إن قتيل الخطاء قتيل السوط والعصا فيه مائة من الإبل

Know, verily in similar deliberate murder victim, the victim was killed by the whips and sticks, diyatnya 100 camels [Ibn Majah No. 2618 and classed as saheeh al-Albaani in Saheeh al-Jami book 'No. 2638]

However, all three types of murder diyat is different from the light and heavy diyat. Diyat deliberately aggravated murder from three sides and is similar deliberate aggravated murder diyat from one side and get relief from the two sides. While diyat murder accidentally get relief from three sides at once. Details are as follows:

a). Side of the intentional murder diyat legal sanctions are:
First: The payment will be borne solely by the perpetrator of murder, not charged to his extended family. This has become ijma 'as presented Ibn Qudama. [4]

Second: Required not paid in cash and tempo as equated with the Qisas and compensation Jinayat. This is the opinion of the râjih according jumhur Ulama.

Third: Aggravated from the camel age. Camels are to be submitted is 30 camels hiqqah tail, 30 camels Jaza'ah, 40 pregnant camels containing fetal diperutnya (caliph) in the opinion of the tattoo with the basic words of the Prophet sallallaahu 'alaihi wa sallam:

من قتل متعمدا دفع إلى أولياء المقتول فإن شاءوا قتلوه وإن شاءا أخدوا الدية وهي ثلاثون حقة وثلاثون جذعة وأربعون خلفة وما صو لحوا عليه فهو لهم

Anyone who intentionally kills the victim handed over to the trustees, if they want then they killed him and if you want to (other) then take the 30 hiqqah diyat (3-year-old camel), 30 jaza'ah (4-year-old camel) and 40 Deputy (camel being mangandung fetus). All they received in peace then it's their right. [HR 2626 and Ibn Majah no dihasankan al-Albani in Irwâ '2199 and Saheeh al-Jami' no. 6455.]

b). Side of the weighting and lightness in diyat similar murder intentionally. Such Diyat aggravated murder in one side of his camel same age diyat intentional murder. It is based on the hadith of 'Abdullah bin' Amr radi 'anhu that the Prophet sallallaahu' alaihi wa sallam said:

ألا إن دية الخطأ شبه العمد ما كنا بالسوط والعصا ما ئة منالإبل منها أربعون في بطو نها أولادها

Know that diyat deliberate murder is similar to that done with whips and sticks are a hundred camels. Among these forty-tail who was pregnant. [5]

But getting relief from the two sides, namely:
First: This obligation is borne by the family of killer (al'-'Aqilah), as provided Prophet sallallaahu 'alaihi wa sallam in the hadeeth of Abu Hurayrah which reads:

اقتتلت امرأتان من هذيل فرمت إحدا هما الأخرى بحجر فقتلتها وما فى يطنها فاختصموا إلى رسو ل الله صلى الله عليه وسلم فقضى رسو ل الله صلى الله عليه وسلم أن دية جنيبها غرة عبد أو واليدة وقضى بدية المراة على عا قلتها وورثها ولدها ومن معهم

Two women from the tribe Hudzail fight each other, then one of them threw stones at the other, then kill it and kill the fetus also browse its contents. Then they memperadilkannya to the Prophet sallallaahu 'alaihi wa sallam.Rasulullah sallallaahu alaihi wa sallam decided obligation to pay diyat fetus ghurrah slave male or female and the female victim diyat set up the killer female relatives. Then the child victims and relatives of those with inherited diyat. [Agreed upon him]

Second: Diyat be paid in installments over three years according to the ijma 'as Ibn Qudama rahimahullah said, "It was narrated from' Umar and Ali radi 'anhu that the two sets diyat to al-Aqilah (family killer) for three years and no one menyelisihi both their time so that it becomes ijma '. [6]

c). The side of leniency in murder diyat accidentally from three sides

First: This obligation is imposed on al-Aqilah according to ijma 'these people [7]. Ibn Qudama rahimahullah stated, "We are not aware of any mistake among the scholars that diyat murder inadvertently taken from al-'Aqilah (family). [8]

Second: Paid in three years as diyat is similar deliberate murder. Ibn Qudama rahimahullah stated: "There is no mistake between them that diyatnya not cash (paid) three years". [9]

Third: Getting dried from the age of his camel into five types, which is 20 bintu makhâdh (female camel aged one year), 20 Ibn makhâdh (camel year old male), 20 camels bintu labûn (female camel aged two years), 20 camels and 20 hiqqah jaza'ah camel. [10]

STANDARD PAYMENT diyat
Standard payment diyat murder is a camel according to most scholars and opinion dirâjihkan Shaykh al-Islam Ibn Taymiyyah [11] and Ibn al-Qayyim and Shaykh Prof. rahimahullah. DR. Salih ibn al-Fauzan Abdillah [12], with the basics:

- The Prophet sallallaahu 'alaihi wa sallam set them on a similar murder diyat intentionally, as in the hadith of' Abdullah bin 'Amr above.

- History authentic from Umar ibn al-Khattab radi 'anhu when speaking in the pulpit:

ألا إن الإبل د غلت قال ففر ضها عمرعلى أهل الدهب ألف دينار وعلى أهل الورق اثني عشر ألفا وعلى أهل الشاء ألفي شاة

Know that prices have risen camel (to be expensive). Then Umar requires diyat to people who have as much as 1000 dinars of gold, 12,000 silver dirhams to the owner, the owner of 200 beef cattle and 2000 goats goat owners. [Reported by Abu Dawud no. 4542 and dihasankan al-Albani in the book of al-Irwâ 'no. 2247]

In this case seem Umar radi 'anhu diyat besides increasing the number of camels due to high prices of camels, so that the camel be as standard diyat payments, while others follow the camel.

- The entire limb diyat paid and measured with a camel. Shari'a always specify the size of the diyat with camels, thus showing a camel is a standard (origin) diyat payments. Shaykh Ibn 'Uthaymeen, may Allaah have mercy stated: "The people of ancient times always judge that diyat is standard in the camel. Diyat for us now is rated to 1000 riyals, if silver is used as a standard value of 3360 riyals diyat ". [13]

- Plus there is a difference between deliberate murder diyat unintentional. It can not be realized according to the ijma 'with other than a camel. And Allaah knows best.

2. Diyat kaafir of the Book The Freedom
Diyat scribes a free man both as a Mu'âhad, musta'man or diyat half Muslim dhimmi is based on the word of the Prophet sallallaahu 'alaihi wa sallam:

أن رسو ل الله صلى الله عليه وسلم قضى أن عقل أهل الكتاب نصف غقل المسلمين

Indeed the Prophet sallallaahu 'alaihi wa sallam determined that diyat scribes diyat half Muslim. [HR 6795 and dihasankan Ahmad al-Albani in the book of al-Irwâ 'no 2251]

3. Non Diyat kaafir of the Book
They are such as Zoroastrianism, both experts dhimma or musta'man or mu'âhad polytheists and infidels but mu'âhad or musta'man, then it is 800 dirhams Islamic diyatnya as described in the statement of Umar ibn al-Khattab radi 'anhu:

ودية المجوسي ثمان مائة درهم

Diyat al-Zoroastrian 800 dirhams. [At-Tirmidhi no HR, 1417] It is the opinion of the majority of scholars. [14]

4. Diyat Muslim Women
Muslim women diyat Diyat half Muslim man, as described in the letter of the Prophet sallallaahu 'alaihi wa sallam delivered to' Amr ibn Hazm that among the contents are:

دية المرأة على النصف من دية الرجل

Diyat her half of diyat man. [Bayhaqi in Sunanul-Kubra no. 16 344 and didhaîfkan al-Albani in Irwâ'ul-Ghalîl no. 2250]

It has become a consensus, as Ibn al-Mundhir delivered rahimahullah: "The` Ulama berijmâ that diyat diyat man half woman "[15]

Ibn al-Qayyim rahimahullah explain this by stating: "Because women are weaker than men and more men have the potential of it, he can take something that can not be occupied by women of the religious position, guardianship, keeping the border, jihad, building country, working on the perfection of benefit to industry of the world and defending world and religion. Then the value is not the same in both diyat diyat, because diyat imposed as the price of slaves and other than property. So wisdom demands maker Shari'ah determination value diyat half man, as differences exist in both. [16]

5. Diyat Women of the Book
Diyat female scribes and the Magians and idolaters is diyat half of their men, as diyat Muslim woman is half of Muslim men. [17]

6.Diyat Slaves
Diyat slaves, either male or female, minor or adult is in itself according to the price of slaves during the price does not reach the value diyat independent man. It's already a consensus among the Muslims [18] because the slave is property that is worth selling, so substituted for the value of the slave.

7. Fetal diyat
Diyat fetus either male or female if the miscarriage or death by cause and effect Jinayat over the murder of his mother either intentionally or unintentionally is ghurrah slaves. Ghurrah value is 5 camels tail based on the hadith of Abu Hurayrah:

اقتتلت امرأتان من هذيل فرمت إحدا هما الأخرى بحجر فقتلتها وما فى يطنها فاختصموا إلى رسو ل الله صلى الله عليه وسلم فقضى رسو ل الله صلى الله عليه وسلم أن دية جنيبها غرة عبد أو واليدة وقضى بدية المراة على عا قلتها وورثها ولدها ومن معهم

Two women from the tribe Hudzail fight each other, then one of them threw stones at the other, then kill it and kill the fetus also browse its contents. Then they memperadilkannya to the Messenger of Allaah 'alaihi wa sallam and the Prophet sallallaahu' alaihi wa sallam decided obligation to pay diyat fetus ghurrah slave male or female and the female victim diyat set up the killer female relatives. Then the child victims and relatives of those with inherited diyat. [Agreed upon him]

Such are some of the issues surrounding the

Diyat

, hopefully can give discourse on beauty and perfection of Islam, so that we can all apply in our lives in this world.

[Copied from magazines Sunnah 11/Tahun XIII/1431H/2010M Edition. Published Foundation Lajnah Istiqomah Surakarta, Jl. Solo - Solo Purwodadi Km.8 Selokaton Gondanrejo 57 183 Tel. 0271-858197 Fax 0271-858197]
_______
Footnote
[1]. Al-Mulakhkhash al-Fiqhi 2 / 490
[2]. See Al-Mulakhkhash al-Fiqhi 2 / 490
[3]. See his statement in the book Al-Mulakhkhash al-Fiqhi 2 / 496
[4]. See Al-Mughni 12/13
[5]. Reported by Abu Dawud no. 4547, an-Nasa'i 2 / 247 and Ibn Majah no. 2627 look-Ghalîl Irwâ'ul 7/255-258 no.2197
[6]. Al-Mughni 12/17
[7]. See al-al-Fiqhi Mulakhash 2 / 462
[8]. Al-Mughni 12/21
[9]. Ibid
[10]. Al-Mulakhkhash al-Fiqhi 2 / 497
[11]. See the book Syarhul-Mumti '14/119
[12]. See the book Al-Mulakhkhash al-Fiqhi 2 / 496
[13]. Syarhul-Mumti '14/118-119.
[14]. See Al-al-Fiqhi Mulakhkhash 2/497-498.
[15]. Ibid 2 / 498
[16]. See I'lâmul-Muwaqqi'în 2 / 149 and Zâdul-Ma'ad 3 / 175. This statement was quoted from al-al-Fiqhi Mulakhkhash 2 / 498
[17]. Al-Mulakhkhash al-Fiqhi 2 / 498
[18]. Ibid 2 / 499

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