Asian shares    Temperatures in Makkah and holy sites between 30-44    Head of Qatari Hajj Mission Praises Saudi Arabia's Efforts in Serving Pilgrims    Thakher Makkah provides exceptional options and opportunities for visitors, investors Unique Project hosts pilgrims steps away from the Holy Mosque    OPEC Secretary General dies at age 63    Saudi Health Ministry's field tours detect 4,222 health violations in runup to Hajj    Boris Johnson fights for political survival as cabinet ministers quit    Mumbai: Heavy rains bring life to a standstill in Indian city    Twitter challenges India order to take down tweets    Arabs believe economy is weak under democracy: Survey    Carlos Santana: Legendary US guitarist collapses on stage    Weather Forecast for Wednesday    Chairman of Sudanese Sovereignty Council Meets with Ethiopian Prime Minister    300 Pilgrims with Disabilities Arrive in Jeddah    Indonesian vice president visits the Prophet's Mosque    Aramco expands Namaat industrial investment programs    Ons Jabeur advances to first GS semifinal in Wimbledon Open    Jail and fine for 10 foreigners, one Saudi in commercial fraud case    King, Crown Prince congratulate President of Malawi on Republic Day    India bans service charge at hotels and restaurants    Michael Sheen: I broke down hearing stories of Welsh children in care    Monsoon rains lash Pakistan; 6 killed    UK cinemas ban teens in suits over #gentleminions trend    KSrelief's Masam Project Dismantles 1,143 Mines in Yemen during One Week    France announces enhanced fee structure for streamed music    Zhou conscious after crash halts British Grand Prix    Al-Madinah Municipality: Establishing and Operating New Platforms for Charging Electric Cars in Al-Madinah Al-Munawwarah    Saudi National Squash Team Begins its Training Camp in Cairo    Saudia to Operate Weekly Flights to Barcelona in Cooperation with the Air Connectivity Program    Saudi Arabia Re-elected as Member of the Customs Policies and Financial Committees of the World Customs Organization    Semi-automated offside technology approved by FIFA for 2022 World Cup    Saudia Celebrates Launch of Seasonal Route From Riyadh to Mykonos    Saudi National Basketball Team Beats Indonesia in World Cup Qualifiers    Red Sea Fund Opens Its Third Cycle for Production Funding    SFDA Warns Against Herbal Product "Montalin Jamu" Due to Containing Active Medicinal Ingredients    Al-Hilal lifts MBS League title for 3rd time in a row, beating Al-Faisaly    Morocco and Iraq to the finals of Arab Futsal in Dammam on Tuesday    Saudi US Joint Exhibition on Photography Concludes in Tabuk    Makkah Municipality offers animal sacrifices permitting service through Baladi platform    First Saudi-American Joint Exhibition of Photography held in Tabuk Region    FIFA Accredits Saudi Football Association Among Expert Federations in VAR Tech    Samrat Prithviraj: Why did a Bollywood film on a popular Hindu king fail?    Saudi Council of Senior Scholars slams Indian ruling party leader's remarks against Prophet    Drug charges dropped against Shah Rukh Khan's son    Custodian of the Two Holy Mosques addresses citizens and all Muslims on the occasion of the Holy month of Ramadan    Pilgrims Perform Dhuhr and Asr Prayers at Arafat Holy Site    Council of Senior Scholars: Muslim Brothers' Group Don't Represent Method of Islam, rather only Follows its Partisan Objectives, Violating our Graceful Religion    Eid Al-Adha Prayer Performed at the Grand Holy Mosque    







Thank you for reporting!
This image will be automatically disabled when it gets reported by several people.



Shoura members propose equal blood money for men and women, Muslim and non-Muslim
Published in The Saudi Gazette on 22 - 05 - 2022

RIYADH — Some members of the Shoura Council have recommended adding a new paragraph to the draft Civil Transactions Law to prohibit discrimination in the amount of compensation for a crime between a woman and man, and a Muslim and non-Muslim, Okaz/Saudi Gazette has learnt from well-informed sources.
The Shoura members — Latifa Al-Shaalan, Faisal Al-Fadel, and Atta Al-Subaiti — have made the recommendation to add a new paragraph to Article 138 of the draft Civil Transactions Law, which is currently being studied in the Shoura Council.
The proposed amendment in the draft law will be as follows: "It is prohibited to show discrimination in the amount of compensation in a felony against a person on the basis of gender, religion, or any other forms of discrimination."
It is noteworthy that the Civil Transactions Law, which is yet to be enacted, is one of the four key legislations, about which announcement was made by Crown Prince Mohammed Bin Salman in February 2021.
He had said then that these laws are being introduced as part of the government's landmark measures to reform judicial institutions as well as to improve the legislative environment in the Kingdom.
The Crown Prince noted that the new laws — the Personal Status Law, the Civil Transactions Law, the Penal Code for Discretionary Sanctions, and the Law of Evidence — would represent a new wave of judicial reforms in the Kingdom.
Later, the Council of Ministers approved the Personal Status Law, which regulates issues related to engagement, marriage, divorce and children's custody, and the Law of Evidence.
In their justifications for the recommendation, the Shoura Council members indicated that there is discrepancy in the judicial provisions vis-a-vis the assessment of blood money between a man and woman and between a Muslim and non-Muslim, unlike the other Arab and Islamic countries and the rest of the countries of the world.
The Shoura members justified their recommendation, saying that this is based on an analysis of the current situation and clarification of the issues related to implementation of laws.
These issues include the independent reasoning (ijtihad) followed by the Islamic jurists that led to discrimination in the assessment of blood money between man and woman and between Muslims and others, they said while noting that these are not appropriate for the present day world.
The Shoura members emphasized that their recommendation contributes to empowering women and promoting human rights and the values of tolerance, moderation and quality of life, as it is in line with international conventions and charters to which the Kingdom has accession.
They said that this would further improve the position of Saudi Arabia in general, and the Saudi judiciary in particular, at the international level, and at the relevant UN indices.
The members noted that what is mentioned in the Holy Qur'an regarding blood money is one absolute verse that does not show any difference between men and women.
The Almighty God is saying in the Qur'an: "And never is it for a believer to kill a believer except by mistake. And whoever kills a believer by mistake — then the freeing of a believing slave and a compensation payment (diyah) presented to his family, unless they give (up their right as) charity.
"But if he was from a people at war with you and he was a believer — then (only) the freeing of a believing slave; and if he was from a people with whom you have a treaty — then a compensation payment presented to his family and the freeing of a believing slave.
"And whoever does not find (one or cannot afford to buy one) — then (instead), a fast for two months consecutively, (seeking) acceptance of repentance from Allah, and Allah is ever Knowing and Wise."
The Shoura members also emphasized that the opinion that the blood money of a woman is the same as that of a man in Islam is backed by a number of contemporary religious scholars, including Sheikh Muhammad Al-Ghazali.
"The act of the people of Hadith to consider the blood money of a woman to half of the blood money of a man is an intellectual and moral evil that was rejected by jurists. The blood money prescribed by the Holy Qur'an for man and woman is the same," he said.
The blood money prescribed in the Qur'an is the same for a man and woman, and the claim that a woman's blood is cheaper and her right is inferior is a false claim that contradicts the apparent meaning of the holy book.
The killing of a man by a woman is the same just as the killing of a woman by a man and hence the blood of the woman and the blood of the man are the same, so what makes the blood money of a woman below that of a man? he asked.
Sheikh Mahmoud Shaltout and several other scholars and researchers are also of the same view. They all emphasized that there is no reference to any halving of the blood money as the Qur'anic verse made the blood money absolute and not specific to man or woman, and the word blood money in the Qur'anic verse is not restricted to any specific gender of men or women. There is also no authentic Hadith that indicates the halving of the blood money of a woman.
The Shoura members pointed out that a number of contemporary religious scholars have gone to the opinion of equality in blood money between a Muslim and non-Muslim. They cited the fatwa (religious edict) by Sheikh Abdullah Al-Mahmoud, while replying to queries of a person with regard to equality in blood money between Muslims and others.
The fatwa drew attention to the directive issued by the fourth Caliph of Islam Ali Bin Abi Talib who ruled to make the blood money of the People of Book (Jews and Christians) like the blood money of a Muslim as they enjoy safety and security within the country from the ruler.
"So a non-Muslim deserves equality with a Muslim in the blood money, and this is what we judge by and believe in its correctness. That is why the pagans, and people of the Book are equal with Muslims in terms of blood money," Sheikh Abdullah ruled.


Clic here to read the story from its source.