Jurisprudential and Legal Analysis of Diyah in Unintentional Crimes: Between Sharia Principles and Contemporary Challenges

Abstract

Diyah (blood money) is a fundamental concept in Islamic criminal law, particularly applicable to unintentional crimes such as accidents or medical errors. This study provides a jurisprudential and legal analysis of Diyah and examines its adaptability to contemporary challenges. Initially, the jurisprudential foundations of Diyah, including its determination, calculation, and variations across different crimes, are explored. The research then evaluates these principles in relation to the laws of Islamic countries and the challenges posed by advancements in medicine and modern technology. Findings suggest that while Diyah serves as an effective mechanism for compensation, its practical application requires revisiting its regulatory framework to align with modern societal needs. The study concludes with recommendations for reforming and enhancing the Diyah system.