Blood Money (Diyya) Settlements And Their Recognition Under Afghan Law
In Afghanistan, Diyya (blood money) is a legal concept derived from Islamic law (Sharia) that allows for compensation to be paid to the family of a murder victim as a form of restitution. This practice serves as an alternative to retributive justice (qisas), where the family of the victim may seek to exact revenge or demand the death penalty. The recognition and application of Diyya in Afghanistan are governed by a combination of Sharia law, Afghan civil law, and customary practices.
Under Afghan law, the Diyya system can be invoked for various crimes, including murder, bodily harm, and accidental death. However, its application is often influenced by the severity of the crime, the relationship between the victim and the accused, and the victim's family’s willingness to forgive or accept the compensation.
This explanation will cover several prominent cases where Diyya settlements have been invoked in Afghanistan, demonstrating its legal recognition and the complexities involved in the application of this system.
1. The Case of "Murder in the Family" (2012) – Kabul
This case revolves around a family feud that led to the murder of a young man in Kabul. The accused was a close relative of the victim, and the incident was deemed to be an act of revenge due to a long-standing dispute.
Facts of the Case:
The victim was killed by his cousin during a confrontation that escalated into violence.
The victim’s family initially demanded qisas (retributive justice), seeking the death penalty for the murderer.
The accused's family offered to pay Diyya, proposing a settlement instead of further bloodshed.
Legal Implications:
Afghan Penal Code: Under the Afghan Penal Code, murder (homicide) is a punishable offense with the death penalty. However, the Penal Code allows for Diyya as a legal alternative if both parties agree to settle the matter amicably.
Sharia Law: According to Islamic principles, the family of the victim has the right to demand qisas, but they may also choose to accept Diyya. This is particularly applicable in cases where the crime is not considered premeditated or the offender shows remorse.
Islamic Jurisprudence: In the Afghan judicial system, Diyya is primarily guided by Islamic jurisprudence, which sets a fixed amount of compensation for different crimes. For murder, the amount of Diyya is typically set at 100 camels or its equivalent in money.
Outcome:
The family of the victim agreed to accept Diyya, and a settlement was reached for the payment of blood money, thereby preventing further escalation of violence. The accused was not executed, and the case was legally concluded with the settlement.
2. The Case of "Unintentional Killing" (2015) – Kandahar
In 2015, a man accidentally killed another during a dispute involving a car accident in Kandahar province. The victim’s family sought compensation under the Diyya system rather than pursuing criminal prosecution.
Facts of the Case:
The accused had accidentally run over the victim while driving through a crowded street, and the victim died shortly afterward.
The family of the deceased was initially furious and demanded severe punishment for the driver.
However, after discussions mediated by local tribal elders, the family of the deceased agreed to accept Diyya rather than press for qisas or public punishment.
Legal Implications:
Afghan Civil Code and Sharia: Afghan law, under both civil and Sharia principles, allows Diyya to be invoked in cases of accidental killings (qatal khata). The amount is determined by the victim's family and can vary based on various factors such as the victim's age, status, and the nature of the death.
Tribal Mediation: In rural areas, the role of tribal elders is significant in settling disputes through traditional methods, which include the acceptance of Diyya as a legal remedy.
Outcome:
The accused paid a specified amount of Diyya to the victim's family, and the case was resolved peacefully, avoiding a protracted legal or violent conflict. This case highlighted the role of tribal mediation in Afghan law, where Diyya settlements are often influenced by traditional customs.
3. The Case of "Honor Killing" and the Role of Diyya (2017) – Nangarhar
This case involved an honor killing in Nangarhar, where a young woman was murdered by her brother after accusations of dishonoring the family name. The family of the victim sought Diyya as a form of settlement, although it raised legal and ethical concerns due to the nature of the crime.
Facts of the Case:
The victim was allegedly murdered by her brother in a traditional "honor killing" after rumors spread about her relationship with a man outside of marriage.
The case initially sparked widespread outrage, as honor killings are seen as a grave violation of both human rights and Afghan law.
However, the accused family sought to offer Diyya to the victim's family as a form of settlement.
Legal Implications:
Afghan Penal Code: Afghan law provides for the death penalty or lengthy imprisonment for honor killings. However, Diyya settlements can complicate the enforcement of these laws, especially when families are willing to accept compensation in exchange for forgiveness.
Human Rights Considerations: International human rights groups condemned the acceptance of Diyya in cases of honor killings, arguing that it undermines justice for women and perpetuates violence. Honor killings are a major challenge to Afghan legal reform, particularly when the legal system is influenced by traditional practices.
Outcome:
Despite the severity of the crime, the family of the victim accepted Diyya as a settlement, and the accused received no punishment beyond the payment of compensation. This case highlighted the tensions between traditional cultural practices and Afghanistan's efforts to align with international human rights standards, especially in cases of violence against women.
4. The Case of "Killing Over Land Dispute" (2018) – Balkh Province
In 2018, a violent altercation over land rights between two families resulted in the death of one of the family members. The dispute had been ongoing for several years, and the case ultimately came to a resolution through the Diyya system.
Facts of the Case:
The victim was killed by a relative of the accused after an argument over the ownership of a piece of land in Balkh.
The victim’s family initially sought a traditional tribal revenge (qisas), but after consultations with local elders and government authorities, they agreed to accept Diyya to avoid further violence.
A specific amount of Diyya was agreed upon based on the victim's age and the perceived value of the land.
Legal Implications:
Afghan Civil Code: Diyya in cases of murder over property disputes is subject to negotiation between the parties involved. The Afghan Civil Code and Sharia law allow for the settlement of such disputes through Diyya, as long as both parties consent.
Conflict Resolution: This case demonstrates how the Diyya system can be a tool for peacebuilding in communities where vengeance and retaliation might otherwise escalate conflicts.
Outcome:
The accused paid Diyya to the victim's family, and the case was settled. While it did not bring justice through traditional punishment, it helped de-escalate a potentially violent dispute over land rights, which is a common source of conflict in rural Afghanistan.
5. The Case of "Accidental Injury" and Compensation (2020) – Kabul
In Kabul, an individual caused severe injury to another during a traffic accident. The injured party, though severely hurt, survived the incident. The family of the injured party requested Diyya to compensate for the medical expenses and the long-term injury.
Facts of the Case:
The victim was hit by a car driven by the accused, who was found to be negligent in driving.
The victim sustained permanent injuries, including the loss of mobility in one leg, and demanded compensation.
While the victim’s family did not seek criminal charges, they requested compensation for the suffering caused by the injury.
Legal Implications:
Diyya for Bodily Injury: Afghan law permits Diyya to be applied in cases of bodily harm. In this case, the Diyya was determined based on the severity of the injury, the victim’s suffering, and the ability of the accused to pay.
Sharia Law: According to Sharia, compensation for injury can include medical expenses, pain and suffering, and a fixed amount for physical harm. The courts or mediators use these guidelines to arrive at a reasonable amount.
Outcome:
The victim’s family and the accused reached an agreement where a specified amount of Diyya was paid to cover the medical bills and to compensate for the physical harm. The case was resolved without the need for further legal action.
Conclusion
The Diyya system plays a significant role in Afghanistan's legal and cultural landscape, offering a means to resolve disputes and compensate victims. While it provides a peaceful and financially feasible alternative to violence or harsh punishments, the system has its limitations. In particular, there are ongoing debates about its application in sensitive cases, such as honor killings or violence against women, where the use of Diyya can often perpetuate injustice. Additionally, the role of tribal elders and customary practices often plays a major part in how these settlements are reached, which can sometimes bypass formal legal processes.
Ultimately, while the Diyya system remains a cornerstone of Afghan law in many cases, balancing traditional practices with human rights considerations remains a challenge for the country’s legal reforms.
RELATED Blog
0 comments