Felonies (al-Janāyāt)

The Prophet Muhammad, peace and blessings be upon him and his progeny, said: ((One can live with this religion in happiness and easiness, except if he kills an innocent person)) and ((The first matter to be asked on the final judgment day is the shedding of blood)).

It is divided into two: on purpose and by mistake.

●     Killing on purpose requires retribution. Killing on purpose is a crime of a morally-responsible person who kills a human, damages a vital organ, or causes a clear visible deformity—if he attacks and hurts a peaceful innocent person. But if it was not like that then blood money or compensation for the wounds is to be required. The heir or the one who has the right to take revenge—if he witnessed the killing process or knew by the legal ways of Islamic Law—will have the authority to either pardon or receive the blood money or taking of revenge by decapitation only, without torturing. He must not delay this, only if he was asked for an urgent reason, upon a will, waiting for a child to grow up, or waiting for an absent one to come back.

• Killing by mistake is done by a non-morally-responsible person or by mistake, or one who did not intend to murder the killed one. That one did not intend to kill or hurt him with something that does not usually kills; otherwise it shall be considered an intentional kill. Regarding the guaranty of the wrongful crime, it is to be the charge of the tribe or family of the doer. And for whoever unleashed his beast, then he must be immediately responsible for any crime it might commit, as well the crime of the mad dog, if he neglects in keeping it.

Appointing Swearers (al-Qassāma)

The one who got killed or clearly wounded in any place, which requires that another people can interfere in it, then the appointment of swearers is to be valid, on condition that the heir does not appoint a specified one among them or appoint another but them. Otherwise, it shall be considered invalid. If the appointment of swearers is valid, then the heir is authorized to choose from those who were around the place where the murdered is found. On condition that the people who attend it, they should be fifty morally-responsible, adult, free Muslims, except one who was a helpless invalid at the time of killing. And they swear by Allah, that they did not kill or they did not know who the killer is, the one who refuses to swear is to be detained till he swears. Then their leader is obliged to pay the blood money for their group, then it is obliged for the people who lives around the place where the murdered is found –the swearers and the rest of them. Then it is from the collective treasury.

Blood Money

Its amount is one thousand weights of gold, and from the silver coins, seven hundred eighty-seven and half qirsh.  It is obliged for the Muslim, protected caste, Magians, and the one who has treaty with Muslims. It is obliged for every complete sensory organ, like hearing, sight, nose, tongue and in every paired limb of the body, and half in case of one of the pair is damaged. In every tooth half of the one-tenth of the blood money is to be paid. In every finger, one-tenth of the blood money is to be paid.

In case of a deep stab and deep wound in the head, one-third of the blood money is required.

In case of a bone-mover, which is a strike that dislocates bones, the blood money is one hundred and fifty weights of gold, and from the qurūsh (plural of qirsh) or the approved currency, it should be one hundred eighty qurūsh and one-eighth.

In case of a bone-smasher, which is a strike that smashes bones, the blood money is one hundred weights of gold. Regarding qurūsh or the approved currency, it should be one hundred seventy eight and a half and quarter qurūsh.

In case of a clarifier, which is a strike or wound that causes the bone of the head to appear, the blood money is fifty weights of gold, and from the qurūsh, thirty nine and a quarter plus one-eighth.

In case of a bone-penetrator, which is a strike or wound that penetrates the bone to the soft skin behind it, its blood money is forty weights of gold, and from the qurūsh, eighty one and a half.

In case of a flesh-penetrator, which is a strike or wound that penetrates most of the flesh till it is about to reach similar to the bone-penetrator, its blood money is thirty weights of gold and from the qurūsh, twenty three and a half plus one-eighth.

And in case of the cutter, which cuts some of the flesh, its blood money is twenty weights.

And in case of the greatest bloodletting, which is the wound from which is bleeding liquid blood from the same place of the wound, its blood money is twelve and a half weights, and from the qurūsh, nine riyals and a half plus seven baqshs and a half.

And in case of the least, which is the wound that has coagulated blood, and it is not bleeding, the blood money is six weights and a quarter, and from the qurūsh, four qurūsh, a half, quarter, and one-eighth plus three baqshs and a quarter.

And in case of a scratcher, which is a wound that has scratched the surface of the skin while not bleeding, its blood money is five weights, and from the qurūsh, three qurūsh and a half, quarter, one-eighth, and half of the one-eighth.

The one that turns to green or red, its blood money is four weights, and from the qurūsh, three qurūsh and one-eighth plus two baqshs.

In case of the swelling one, its blood money is five weights of gold.

And in case of a slap, prick, or punch, it is up to the judge to decide which blood money is suitable, according to what we previously mentioned.

These valuations are only obligatory in case of the assaults concerning the head. However, in case it was in the body, then half of the previously mentioned blood money shall be required.

In case of that the victim is a woman, then half of the blood money of the man is to be required—in case of the head crimes. And in case of the crime was in her body [i.e. wounds or damages] then, half of the woman’s head blood money is required.