Fines

Posted on 03/31/2012 by marina

FINES. Arabic Diyah دية
A term which, in its strictest sense, means a sum exacted for any offence upon which the person, in consideration for the claim of qisas, or retaliation, not being insisted upon. (This does not apply to willful murder.) A full and complete line is that levied upon a person for manslaughter, which consists of either one hundred female camels or ten thousand dirhams (silver), or one thousand dinar (gold).
The fine for slaying a woman is half that for slaying a man, “because the rank of a woman is lower than that of a man, so also her faculties and uses!” The fine for slaying a zimmi (be he a Jew, Christian, or idolater) is the same as for slaying a Muslim.
A complete fine is also levied for the destruction of a nose, or a tongue, or a virile member, and also, if a person tear out the beard, or the hair of the scalp, or the whiskers, or both eyebrows, so that they never grow again “because the beauty of the countenance is thereby effaced.”
A complete fine is due for any fellow parts, as for two eye, two lips, &c, and one half the fine for one single member.
For each finger, a tenth of the complete fine is due and as every finger has three joints, a third of the fine for the whole is due for each joint.
The fine for a tooth is a twentieth of the complete fine.
A half fine is due for merely destroyed the use of a limb, but if a person strike another in any way so as to completely destroy the beauty of his person, a complete fine must be paid. Wounds on the face viz from the crown of the head to the chin, are specially treated and are termed shijaj. Of shijaj, or “face wounds,” there are ten: (1) harifah, or such as draw no blood – a mere scratch; (2) dámiyah, a scratch which draws blood without causing it to flow; (3) damiyah, a scratch which causes blood to flow; (4) bazi’ah, a cut through the skin; (5) mutalahimah, a cut to the flesh; (6) simhuq, a wound reaching into the pericranium; (7) muzihah, a wound which lays bare the bone; (8) hashimah, a fracture of the skull; (9) muhakilah, a fracture which causes the removal of a part of the skull; (10) ammah, a wound extending to the brain.
For an ammah wound, a third of the complete fine is due. Fifteen camels are due for a munakilah, ten for a hashimah, five for a muzibah, and so on.
All other wounds on other parts of the body may be adjusted for according to the above scale, but are left to the decision of the judge.
For further information on the subject, see the Hidayah, or the Fatawa ‘Alamgiri, or the Raddu ‘l-Muhtar.

Based on Hughes, Dictionary of Islam