Diyeh (Blood Money) and Its Complete Details

2024-04-19

Editorial note: This article quotes specific monetary diyeh amounts and statutory cross-references. Diyeh amounts are reset annually by the Judiciary and the underlying figures here may no longer be current; this article should be reviewed by a member of our legal team and the figures verified against the current year's announced diyeh rate before publication.

Under Islamic law, jurisprudential definitions, and the country's statutes, if a person, whether intentionally or unintentionally, harms the life or physical well-being of another, this gives rise to liability for diyeh (blood money).

What Is Diyeh?

Under Article 448 of the Islamic Penal Code, diyeh is a specified sum of property that, under the sacred Sharia, is prescribed on account of an unintentional crime against life, a limb, or a faculty, or an intentional crime in cases where, for any reason, retribution (qesas) does not apply. In effect, diyeh is the primary punishment in unintentional offenses, while in intentional offenses the primary punishment is generally qesas; in some cases, for various reasons -- or where the victim or the victim's next of kin (owliya-ye dam) forgive the right to qesas -- qesas becomes unenforceable and converts into diyeh.

Relevant Articles of the Islamic Penal Code

Article 450: "In a quasi-intentional crime, a pure mistake, and an intentional crime in which qesas is not permissible or possible, diyeh shall be paid upon the request of the victim or the next of kin, unless a different settlement is reached."

Article 451: "Where the killer is among the heirs of the deceased, if the killing was intentional, the killer does not inherit from the deceased's property or diyeh; and if it was a pure mistake or quasi-intentional, the killer does not inherit from the deceased's diyeh. In the absence of other heirs, the Supreme Leader is the heir."

Note: The heirs of the deceased, other than maternal relatives, also inherit from the deceased's diyeh in proportion to their share of inheritance.

Article 453: "Where two or more persons jointly commit a crime giving rise to diyeh, each of the participants, or their 'aqileh (the kin liable for compensation), as the case may be, is equally liable to pay the diyeh."

What Is Arsh and How Is It Calculated?

Article 449 of the Islamic Penal Code provides: "Arsh is an undetermined diyeh, the amount of which has not been fixed under Sharia, and which the court determines, taking into account the type and severity of the crime and its effect on the victim's health and the extent of the damage caused, with reference to the fixed (determined) diyeh amounts, and with the assistance of an expert opinion. The rules governing fixed diyeh also apply to arsh, unless this Act provides otherwise."

Arsh is determined based on the following:

The type and severity of the injury inflicted on the person.
Reference to the fixed diyeh amounts.
The expert's opinion.

Types of Diyeh

Diyeh for killing (qatl): equal to one full human diyeh. The annual diyeh rate is determined by the Judiciary.
Diyeh for bodily limbs: under the Islamic Penal Code, destroying a bodily limb carries a specific, fixed diyeh amount, which is set out in detail in the statute. Where a person has only one of a given limb, destroying it carries a full diyeh; where a person has two of a given limb, destroying one of them carries half the full diyeh, and destroying both carries the full diyeh.
Diyeh for the loss of bodily faculties: where a person commits a crime against another that causes the loss of one of their senses, the offender must pay the diyeh for the loss of that faculty. For example, where the faculty arising from a bodily organ -- such as the faculty of hearing through the ear -- is impaired, but the ear itself is not physically damaged. Under the Islamic Penal Code, diyeh for lost faculties includes diyeh for the intellect, diyeh for hearing, diyeh for sight, diyeh for the sense of smell, and diyeh for voice and speech.
Diyeh for wounds: where a person commits a crime against another that results in a wound, the offender must pay the diyeh for the wound inflicted. The amount of this diyeh is determined in proportion to the severity of the wound and based on the determination of the forensic medicine organization. The relevant categories are set out in Articles 701 through 707 of the Islamic Penal Code.

The Alemohamad Law Office, with licensed attorneys of the bar, is available to advise you on diyeh payment, the amount owed, and the payment deadline. Contact us.

How Is Diyeh Calculated?

Each year, the Judiciary announces an amount as the diyeh rate, and the calculation of diyeh is estimated based on the annually announced amount. The forensic medicine organization assists in calculating diyeh by determining the extent of injuries inflicted on a person and reporting this to the court, and the court announces the diyeh amount based on the forensic medicine certificate.

The following figures are illustrative figures quoted from the source material and should be verified against the current year's officially announced rate before being relied upon:

Full diyeh in non-sacred months: 600,000,000 tomans.
Full diyeh in sacred months (Muharram, Dhu al-Qa'dah, Dhu al-Hijjah, Rajab): 800,000,000 tomans.
Diyeh for a hand-bone fracture expected to heal properly: 48,000,000 tomans.

Diyeh for a fracture of the fibula or tibia (leg bones), each: 48,000,000 tomans.
Diyeh for a nose fracture: 60,000,000 tomans.
Diyeh for a collarbone fracture: 28,800,000 tomans.
Diyeh for a skull fracture at the hashemeh level: 60,000,000 tomans.
Diyeh for a wound at the haresseh level: 3,000,000 tomans.
Diyeh for a wound at the damieh level: 12,000,000 tomans.
Diyeh for complete loss of front teeth: 30,000,000 tomans.
Diyeh for complete loss of back teeth: 15,000,000 tomans.
Diyeh for one hand: 300,000,000 tomans.
Diyeh for one leg: 300,000,000 tomans.
Diyeh for fracture of the ribs surrounding the heart: 18,000,000 tomans.
Diyeh for a comminuted (shattered) bone fracture expected to heal properly: 108,000,000 tomans.

Methods of Proving Diyeh

Article 454 of the Islamic Penal Code: "The means of proving diyeh, in addition to qasameh (collective oath), are the same as the means of proving debts and financial liability."

Article 455: "Intentional killing giving rise to diyeh is proved, as set out in the chapter on qesas, by an oath of fifty men, and unintentional killing by an oath of twenty-five men, only where there is lawth (circumstantial indication of guilt) and an absence of evidence other than the denying party's oath."

Article 456: "In crimes against bodily limbs and faculties, whether intentional or unintentional, where there is lawth and an absence of evidence other than the denying party's oath, the victim may, by performing qasameh as set out below, prove the alleged crime and claim its diyeh -- though the right to qesas is not established thereby":

(a) Six oaths for a crime whose diyeh equals the full diyeh; (b) Five oaths for a crime whose diyeh is five-sixths of the full diyeh; (c) Four oaths for a crime whose diyeh is two-thirds of the full diyeh; (d) Three oaths for a crime whose diyeh is one-half of the full diyeh; (e) Two oaths for a crime whose diyeh is one-third of the full diyeh; (f) One oath for a crime whose diyeh is one-sixth of the full diyeh or less.

Note 1: In each of the above cases, where the necessary number of persons is not available, the victim, whether male or female, may repeat the oath the corresponding number of times.

Note 2: In each of the above cases, where the diyeh amount is more than the amount set out in that clause and less than the amount set out in the preceding clause, the higher threshold must be observed.

Article 457: If the claimant does not perform qasameh as set out above, the claimant may demand qasameh from the respondent, in which case the respondent is acquitted by performing qasameh.

Article 458: The rules governing the oath in qasameh are the same as those set out in the Book on Qesas.

Article 459: Where, as a result of the crime committed, the victim or the victim's guardian claims the loss or impairment of a bodily faculty, and there is lawth, and a trusted expert is unavailable, and testing or another means of obtaining certainty is not possible, the claim of the victim or the victim's guardian is proved by qasameh in the manner described above.

Article 460: In a dispute between the offender and the victim or the victim's guardian as to whether all or part of the lost or impaired faculty has returned, where there is no proving evidence, the statement of the victim or the victim's guardian, supported by an oath, takes precedence, and there is no need to resort to qasameh.

Article 461: Where the victim dies during the period set by a trusted expert for the return of the lost faculty, and the offender claims that the faculty returned before death while the heirs of the deceased deny this, then, if the offender cannot prove this claim, the statement of the heirs, supported by an oath, takes precedence, and there is no need to resort to qasameh; and if only some of the heirs take the oath, the diyeh is established only with respect to their share.

The Difference Between Diyeh for Men and Women

Under Articles 560 and 562 of the Islamic Penal Code, where an injury results in loss of a limb or impairment of a faculty, the diyeh for a woman is calculated at half the diyeh for a man.

Note: In circumstances where arsh is paid for the injury instead, or where the injury is a wound that does not result in loss of a faculty or limb, there is no difference between men and women, and the diyeh or arsh -- even where it exceeds one-third (tholth) -- is not halved and is equal to the diyeh for a man.

Note: Under the law, in all damages caused to a third party arising from traffic accidents, where the diyeh is paid by insurance companies, there is no difference between men and women, and both sexes are entitled to the full diyeh.