Question Five:

One of our Shabab (brothers) wants to adjudicate the Diyah (blood money) with silver of 12000 Dirhams to make it easier for the people. Is it permitted to rule with the blood money using silver if people do not buy or deal with it in regarding blood money neither their dowry, nor use it as savings; however, they buy a little for decoration? Even though, Fuqahaa relate the Diyah (blood money) to the camel to the people of camels and gold to the people of gold and in bank notes for the people of bank notes? Jazakum Allah Khayran.

Answer:

The Diyah to the people of camels is 100 camels, and to the people of gold is 1000 Dinar, and to the people of silver is 12000 Dirham that is correct.

However present-day bank notes are not backed by gold or silver therefore does not fall under the people of gold or the people of silver.

It is counted in cash using Qiyas (analogy) because of the Illah (reason) Mustanbatah (derived) from the text and that is the cash, as described in a chapter in the book Funds and others from our books. Considering that the amount of money regarding the Diyah depends on the Ijtihad of issue, and my view is that there is nothing wrong with estimating it with silver in the Diyah for accidental killing, because the person who was ascribed to him the accidental killing did not commit a sin, the Diyah is not because he has committed a sin, rather the Diyah is a wisdom known by Allah, so the mildest punishment in the payment of the accidental killing is the Diyah that is suitable with not committing a sin.

However the Diyah for intentional killing, I see that it be estimated in gold, because the one who killed intentionally has committed Haram, it does not ascribe him mitigation, instead the severest of punishment should be ascribed.

However if these paper monies are a replacement for gold or silver, then the person treats these paper monies according to the metal (gold or silver) in which it replaces.

And I ask Allah the Almighty that I am accurate and correct.