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The indemnity and its assessment

The indemnity and its assessment

The important point when imposing a punishment is to be a deterrent, courts assess the indemnity payable according to the extent of the damage caused and suffering of the victim.

Who is to pay

Who is to pay

If an offence is deliberate and led to death, the indemnity should be given by the offender. If the offence is accidental, it is payable collectively by the offender’s relatives.

Indemnity

Indemnity

Diyah or indemnity is the money given to the victim or to his immediate family due to an offence. Its payment is a duty based on the Quran, Sunnah and unanimity of scholars.

Loss of function of a bodily organ

Loss of function of a bodily organ

Qisas cannot be applied in case of losing a bodily organ, instead the victim has to be paid indemnity. If the loss cannot be assessed, the punishment is determined by a judge.

Loss of limb

Loss of limb

There are 3 categories of the offence causing a limb loss, deliberate, semi-deliberate and accidental. Qisas is applicable to the deliberate category only if 3 conditions are observed.

Wounds

Wounds

There are 2 categories of wounds, to the face and to the rest of the body. There are 10 degrees of the 2 categories. It is left to the judge to determent the due compensation.

Offences causing physical injury

Offences causing physical injury

A qisas punishment is enforced in case of offences causing physical injury based on the Qur’an, the Sunnah and unanimity of scholars. Such Offences are of three categories.

Deliberate killing, or murder

Deliberate killing, or murder

Deliberate killing is a major sin, if the killer is a sane adult fulfilling 3 murder conditions he should be subjected to retribution of death as Qisas unless the victim's family forgives or accepts indemnity.

An offence against life

An offence against life

Committing a murder or killing someone without a lawful cause is strictly forbidden in Islam as stated in Quran. Killing is categorized into three types; deliberate, semi-deliberate and accidental. 

Offences

Offences

Offences are a crime committed against a person, or property or honor and it requires a mandatory punishment equal to the harm caused to the affected person ,either fine or compensation and even execution .

The heirs

The heirs

The heirs are 9 types of male relatives and 6 types of female relatives receiving different shares of heritage according to the status of the deceased and his relationship with the heirs as discussed in the article.

What prevents inheritance

What prevents inheritance

There are 3 cases in which the inheritance is prevented, murder a killer can't inherit their victim, Having a different belief, or being a slave.Inheritance is a critical issue in Islam that is described clearly.

Inheritance

Inheritance

Inheritance is distributed among the heirs that should -according to the Islamic rules- fulfill one of the following characters, marriage or blood relation or Wala’: which is a contract between two persons. 

Wills and Inheritance

Wills and Inheritance

A will is an amount of inheritance to be distributed according to a sane testator desire and preferred not to exceed one third of the sum and to exclude the heirs, and to be distributed after paying all debts.

Borrowing

Borrowing

Borrowing is using a non-consumable item that doesn't belong to oneself and returning it intact after an agreed amount of time by the owner. Only the owner can lend his things and to be used in a lawful purpose

Conditions for hire

Conditions for hire

Hiring is required to fulfill seven conditions, hiring a sane adult capable employee within a specific period. The benefits should be specific, and the work itself should be lawful and managed by the hirer.

Hire

Hire

Hiring process in Islam is a process of assigning somebody to do specific tasks for a specific period of time. It is a method described in Quraan and Sunnah and it's mandatory to pay the employees their wages on time.

Surety

Surety

Surety is an item given to the borrower as a security in case of not repaying the debt; The surety should be definite in type and description and can be used or sold. Surety is legitimate and regulated by six rules.

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