A Sharia recommendation for equal blood money between men and women, Muslim and non-Muslim

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Okaz learned from informed sources that members of the Shura Council made a recommendation to add a new paragraph to the draft civil transactions system that prohibits discrimination in the amount of compensation for a crime between a woman and a man, a Muslim and a non-Muslim.

Members Latifa Al-Shaalan, Faisal Al-Fadil, and Atta Al-Subaiti recommend adding a new paragraph to Article 138 of the draft Civil Transactions Law, which is currently being studied in the Council, to include the following text: religion or any other form of discrimination.”

In their justifications for the recommendation, the members indicated that the judiciary in Saudi Arabia distinguishes in the assessment of blood money for oneself and what is below it between a man and a woman and between a Muslim and a non-Muslim, unlike the Arab and Islamic countries and the countries of the world.

The members noted that what is contained in the Qur’an regarding blood money is one absolute verse that does not concern men with any of it about women, and it is the Almighty’s saying: If there is a people who are enemies to you and he is a believer, then liberating a believing slave and if there is a people between you and them a covenant, a ransom delivered to his family and freeing a believing slave, so whoever does not find it, then fasting for two consecutive months is a repentance from God, and God is All-Knowing, Wise.”

They emphasized that the opinion that the blood money of a woman is the same as that of a man is backed by the evidence and presumptions that were extended by a number of contemporary religious scholars, including but not limited to the saying of Sheikh Muhammad Al-Ghazali: “The people of hadith make the blood money of a woman equal to half of the blood money of a man. The blood money in the Qur’an is the same for a man and a woman, and the claim that a woman’s blood is cheaper and her right is easier is a false claim that contradicts the apparent meaning of the book, and that a man is killed by a woman just as a woman is killed by a man, so the woman’s blood and the man’s blood are the same, so what makes the woman’s blood money less than the man’s? And Sheikh Mahmoud Shaltout said: “If retribution is the ruling between them for self-aggression, and Hell and eternity in it is the eschatological penalty for killing a woman, as is the eschatological penalty for killing a man, then the verse about killing a woman is a mistake, it is the verse about killing a man by mistake.” . As well as the opinions of researchers and researchers, such as saying: “It is noticeable that there is no reference to any halving of the blood money, the verse made the blood money absolute and not specific to a man or a woman, and the word blood money in the noble verse is not restricted by any restriction and is not specific to a specific gender of men or women and did not Any authentic hadith that indicates the halving of the blood money of a woman appears only after the fourth century AH, when Imam al-Bayhaqi mentioned this hadith by saying that it is not proven like it, meaning that it is a weak hadith.

They pointed out that a number of contemporary religious scholars have gone to the opinion of equality in blood money between a Muslim and a non-Muslim, for example, a fatwa by Sheikh Abdullah bin Zaid Al Mahmoud, asking about equality in blood money between a Muslim and others, which read: “But for the preponderance of Equality between everyone, as Ali bin Abi Talib ruled – may God be pleased with him – so we make the blood money of the book (a Jew or a Christian) like the blood money of a Muslim, because he entered the country with safety from the ruler, so he deserves equality with a Muslim in the blood money, and this is what we judge by and believe in its correctness and correctness.. That is why the pagan and the scribe are equal with the Muslim in the blood money and the arouch alike.”

Among the justifications on which the recommendation was based, is an analysis of the current situation and clarification of problems related to the field of application of the system, and among these problems are the jurisprudence in the judiciary that leads to discrimination in the assessment of blood money for oneself and below between men and women and between Muslims and others.

According to the recommenders, the new paragraph aims to address some of the problems resulting from the provisions of the assessed security in the felony and below, to which the text of Article 138 in its first paragraph was referred to. and the non-Muslim, and these provisions were decided to be appropriate for previous times and circumstances, but they are not appropriate for the present era and its developments.

The recommendation, according to the opinion of its sponsors, contributes to empowering women and promoting human rights, the values ​​of tolerance, moderation and quality of life, and is in line with international conventions and charters to which the Kingdom has acceded. In addition to improving the position of the Kingdom in general, and the Saudi judiciary in particular, at the international level, and the relevant UN indicators.

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