Diyah (Blood Money) of Non-Muslims Living in Islamic States from the Perspective of Islamic Schools of Law

Islam provides Diyah (blood money) for non-Muslims living in Islamic states in case of committing crimes against them. However, the amount of Diyah has become a matter of controversy among jurisprudents. Hanafi jurisprudents believe in the equality of Diyah for Muslims and non-Muslims. Maliki and Hanbali jurisprudents consider half of a Muslim’s Diyah for non-Muslims whereas Shafi’i jurisprudents argue for one- third and one- fifteenth of a Muslim’s Diyah for Ahl al-Kitāb (People of the Book) and for other non-Muslims, respectively. The majority of Shi’ite jurists agree on the amount of eight hundred Dirhams as Diyah; however, other jurisprudents present a more detailed evaluation – considering the equality of Diyah for Muslims and non-Muslims; or one- third of a Muslim’s Diyah for non-Muslims; or else, eight hundred Dirhams depending on the circumstances. It seems that the evaluations considering equality between Muslims and those non-Muslims who adhere to the terms of their treaties with Muslims are reasonable. However, the evaluations that consider different amounts of Diyah, if correct, can be attributed to the circumstances in which non-Muslims violate the terms of their obligations.