Blood money (diya)

Question

Question: Zayd was walking along a public road; from behind, a scooter rider’s scooter struck him and an accident occurred, from which Zayd died. So, do the heirs (awliya’) of the slain person have the right to a settlement for property (sulh ‘ala al-mal) with the killer and the killer’s heirs, or not? If Zayd’s heirs have the right to settle by taking property, what is its upper limit?

Answer

There is a right to a settlement for property. In accidental killing (qatl khata’) the amount of the diya (blood money) is fixed, and there is no right to settle for more than it: if the diya is taken in gold, it must not exceed one thousand dinars.

Source: Fatawa Mahmudiyya

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