In the Name of Allāh,

the Entirely Merciful, the Especially Merciful

Praise is due to Allāh, Lord of the worlds, may the blessings and peace be upon our master Muḥammad, the last of prophets, on his family, and all his companions.

Resolution No. 145 (3/16)

Aqilah and its Contemporary Applications in the Payment of Diya

The Council of the International Islamic Fiqh Academy of the Organization of the Islamic Conference, holding its 16th session in Dubai, United Arab Emirates, on 30 Ṣafar – 5 Rabīʿ al-Awwal 1426h (9–14 April 2005),

Having examined the research papers submitted to the Academy concerning

Aqilah and its Contemporary Applications in the Payment of Diya, Having listened to the discussions on the subject,

Resolves

First: Definition of Aqilah

The Aqilah is the collective party that undertakes to pay the diya (blood money compensation), in cases other than premeditated murder, without a right of recourse to the murderer for counter-payment. As initially stipulated by the Shariah, it consists of the relatives under a clan, or the group committed to mutual support and solidarity among its members.

Second: What the Aqilah Does Not Bear

The Aqilah does not bear diyas resulting from cases of premeditated murder, amicable arrangements, or confession.

Third: Contemporary Applications

On the non-existence of the clan or the tribe that can bear the diya, and given the fact that its foundation is based on mutual support and solidarity, it is per- missible to resort, when necessary, to the following alternative arrangements:

1. Islamic Insurance (cooperative or takaful insurance), in which the rules include bearing diyas due on the insured.
2. Unions, syndicates, and associations formed by those in the same profession if their charter includes bearing of diyas due on its members.
3. Special funds formed by the employees in public and private institutions to achieve mutual cooperation and

Recommendations

• Governments of all Muslim countries shall introduce legislations that ensure payment of diyas, because in Islam, the blood of a Muslim should not be spilt in vain (without being reconciled or paid for).

• Calling upon concerned authorities and bodies to work for furthering a spirit of cooperation and solidarity among the members of all groups and communities, through the following:

  1. Incorporation of the principle of mutual assumption of diyas in the rules and regulations of the different
  2. Requesting the Islamic Insurance companies in the various countries of the Muslim world to introduce insurance policies that cover the risks of diya claims at easy terms and installments.
  3. Taking initiatives by the Muslim countries to incorporate in Bait al-Mal (Public Treasury) regulations the function of bearing diyas in the absence of the Aqilah. In this manner, the Public Treasury would undertake to serve the Islamically-designed social objectives(including payment of diya), in addition to its economic
  4. Calling on Muslim minorities in the various parts of the World to form up suitable organizations that could achieve cooperation and solidarity among them. Such organizations may explicitly indicate in their internal rules and regulations mutual commitment towards diya claims, as prescribed by the
  5. Urging governments, institutions, associations, and social organizations to promote charitable activities such as Zakāh, Waqf, Last Wills and donations to share in bearing the burden of diyas that result from unintentional

Indeed, Allāh is All-Knowing.