Diyah or indemnity is the money given to the victim or to his immediate family due to an offence. Its payment is a duty based on the Quran, Sunnah and unanimity of scholars.
The Arabic term diyah, i.e. indemnity, is defined as the money given to the victim or to his immediate family because of the offence. Its payment is a duty according to the Qur’an and the Sunnah and the unanimity of scholars.
:In the Qur’an Allah says
‘He who kills a believer by mistake must free a believing soul from bondage and pay an indemnity to his family, unless they forgo it by way of charity.’
:Abu Hurayrah reports that the Prophet (peace be upon him) said
‘Whoever suffers the killing of a close relative has the better of two options: either to kill (the offender) or to accept indemnity.’
There is also the document the Prophet (peace be upon him) gave to Amr ibn Hazm explaining the indemnities due for different offences. All Muslim scholars are of the view that indemnity for such offences is obligatory. The purpose of putting this legislation in place is to save life and protect people against criminals who may find it easy to kill if they can escape a severe punishment.