Question: My friend is one of the recent OFWs arrested and jailed for selling drugs. In my visit to her at the Salmiya Police Station, she requested me to negotiate for their release through the payment of blood money, like other jailed OFWs who were allegedly released upon payment of blood money. I’m new in Kuwait and don’t know the procedure in Shariá or Islamic law about this matter. On their behalf, I would be grateful to know through Panorama, if they could avail themselves of the so-called blood money.

Name withheld

Answer: I regret to write through this column that you and your jailed friend are misinformed about the so-called blood money or diyyah under Shariá or Islamic law. Blood money or diyyah does not apply to your friend ‘s and her cohorts’ case. Blood money is applicable only to murder or homicide cases and physical injuries (Faruqi’s Law Dictionary). However, I wish to let you know that Shariá or Islamic law allows the settlement of murder or homicide cases through blood money or diyyah, in order to save the life of a murderer from the death row. In brief, the blood money or diyyah takes the place of a death sentence. This method is simply a gesture of Islamic mercifulness, which pictured to every believer the value of one’s life, although in contrast, it imposes death to a killer (The Holy Qurán). The imposition of death penalty is based on the sacredness of life in Islam. Since the Almighty GOD is the life Giver, it follows that it is only He, who has the right to take away the life from every individual. In other words, life cannot be taken for sports or for sacrificial and medical purposes, much more for killing a person (Abdurahman Doi, The Fountain Head of Shariá, pages 231-233). In fact, even the killing of animals for food is regulated by Shariá to ensure the blessings of the Almighty, i.e., by employing a dedicatory formula and reciting “Bismillahi Allaho Akbar”. Therefore, it is incumbent upon every individual that under no circumstance should he or she is found guilty of taking away a human life.

source Panorama Date published: 07 July 2002