What is ‘Blood Money’?
- Definition: Known as diya in Islamic Sharia law, ‘blood money’ is compensation paid by the perpetrator of a crime (usually murder) to the victim’s family or heirs. This compensation is intended to alleviate the suffering caused by the loss, though it is not meant to assign a monetary value to human life.
Relevance: GS 2(Social Issues)
- Application: It is primarily applied in cases of unintentional murder or culpable homicide, or when the victim’s family chooses not to pursue qisas (retribution) under Sharia law.
- Purpose: The main goal is to offer financial support to the family of the deceased, who may lose income or face hardships due to the loss. However, the state and community retain the right to impose other legal penalties.
Application in Islamic Nations:
- Saudi Arabia:
- Legislative Practice:Blood money is common in cases of murder or traffic accidents. The amount is fixed by the Sharia court, and the perpetrator may also face a prison sentence. There are ongoing discussions to make blood money equal for all, regardless of gender or religion.
- Iran:
- Gender Disparity: Blood money for women is typically set at half that of men. Efforts have been made to standardize this amount, though full implementation has not been realized.
- Pakistan:
- Pakistan’s legal system incorporates diya and qisas, allowing compensation or retribution for criminal acts under Islamic law.
- Yemen:
- In Yemen,blood money is negotiated between the parties, with judicial oversight to ensure fairness. It can be used as an alternative to retribution or punishment.
‘Blood Money’ vs. ‘Plea Bargaining’ in India:
- Plea Bargaining:
- Introduced in India by the Criminal Law (Amendment) Act, 2005, plea bargaining allows a defendant to plead guilty to lesser charges in exchange for a reduced sentence or charge dismissal. This is applicable to crimes punishable by imprisonment for up to seven years and excludes heinous crimes like murder and rape.
- Connection to ‘Blood Money’: While not equivalent, plea bargaining sometimes allows compensation to the victim (under Section 265E). However, plea bargaining is more about negotiation over charges and sentences rather than the direct payment of compensation for a life lost.
- Limitations: Plea bargaining is not available for crimes against women, children, or serious crimes, and must be voluntarily initiated by the accused.
Impact of ‘Blood Money’ in Islamic and Global Context:
- In Saudi Arabia: The payment of blood money is common in cases of road accidents, with the amount determined by a Sharia court. In the workplace, compensation rates are set by a special committee.
- Global Historical Parallels: Similar systems of compensation existed in many cultures:
- Brehon Law (Ireland): Included systems like Éraic (body price) and Log nEnech (honor price), determining compensation based on offense severity and the victim’s social standing.
- Galanas (Wales): A “blood fine” based on the victim’s status, relevant in cases of murder.
- Wergeld (Germany): A payment system for homicide or grave offenses, where compensation was based on the social standing of the victim.
‘Blood Money’ in India:
- Indian Legal Framework: India’s formal legal system does not incorporate blood money. Instead, there is the practice of plea bargaining, as previously discussed.
- Notable Cases:
- Arjunan Athimuthu (2019): His death sentence in Kuwait was commuted to life imprisonment after his family paid ₹30 lakh in blood money.
- Abdul Rahim (2006): His death sentence was commuted after ₹34 crore was paid in blood money for the murder of a Saudi boy.
- Other Instances: Several Indian nationals, including ten Indians in the UAE in 2017 and seventeen in 2009, were pardoned after paying substantial blood money.
Contemporary Legal Perspectives:
- Ethical Concerns: While blood money aims to alleviate family suffering, it also raises ethical concerns about the commodification of human life and the fairness of such systems based on gender or religion. Calls for reform in countries like Saudi Arabia and Iran are driven by these concerns.
Conclusion:
- Legal Standing of ‘Blood Money’: In Islamic countries, blood money is a legally recognized practice with variable application based on factors like gender and religion. However, in India, it does not have formal legal standing but can manifest in cases of plea bargaining with the victim receiving compensation.
