Does ‘blood money’ have a legal standing?

Does ‘blood money’ have a legal standing?

Sub : Polity

Sec: Msc

Context: – The death sentence awarded by a Yemen court to murdering her business partner, and the subsequent debates and efforts surrounding her acquittal and repatriation, which involves monetary compensation paid to the victim’s family, have brought the focus back on ‘blood money’ and its implications.

What is Blood Money?

• Blood money’, or ‘diya’, finds footing in the Islamic Sharia law, and is followed in countries that incorporate these laws in their legislation.
• Under the rule of ‘diya’, a select quantity of a valuable asset, primarily monetary, has to be paid by the perpetrator of the crime to the victim, or the victim’s family if the latter has died
• The custom is practised predominantly in cases involving unintentional murder and culpable homicide. 
• It is also invoked in murder cases wherein the victim’s kin chooses not to retaliate through ‘qisas’ (a way of retribution under the Sharia).
• The end-goal, as the law says, is not to put a price tag on human life, but to alleviate the plight and suffering of the affected family and their potential loss of income.

However, even if the concerned parties reconcile through ‘blood money’, the community and the state will retain the right to impose a deterrent punishment, including penalties.

Legal Backing of ‘Blood Money’

• Yemen: In Yemen, ‘blood money’ (diya) is a recognized legal practice where the victim’s family can negotiate a compensation amount. This compensation can be determined through mutual agreement, with judicial oversight to ensure fairness.
• Saudi Arabia: In Saudi Arabia, ‘blood money’ is applied under Sharia law. The amount is determined by a Sharia court, and the victim’s heirs are compensated.
• Iran: Iran practices ‘blood money’ with variations based on the gender and religion of the victim. For instance, a woman’s compensation is half that of a man’s.
• Pakistan: Pakistan includes provisions for ‘diya’ and ‘qisas’ (retributive justice) under the Criminal Laws (Amendment) Ordinance, 1991.

India’s stand on ‘diya’

• In India, ‘blood money’ does not have a formal legal framework.
• However, plea bargaining provides a mechanism for negotiation between the accused and prosecution.