What is meant by the term Diyah (دية) according to Islamic jurisprudence? 

Answer : 

B. This is the blood money given out instead of qisas in the case of killing. ✅

Qisaas by killing the killer can only be in cases of intentional (willfully) killing, according to scholarly consensus. 

•Ibn Qudaamah said in al-Mughni (8/214) : 

The Scholar's are Unanimously agreed that Qisaas is not required Except in the case of Intentional/willfull Killing, and we do not know of any difference of Opinion with Regard to Qisaas being Required for Intentional killing if All conditions are Met. This is Indicated by the General meaning of the Verses and report's. ALLĀH ﷻ says (Interpretation of the Meaning):  

“And whoever is killed wrongfully (Madhlooman intentionally with Hostility and Oppression and Not by Mistake), We have Given his heir the Authority [to demand Qisaas, Law of Equality in punishment or to forgive, or to take Diyah (blood money)]. But let him not exceed limits in the matter of taking life (i.e. he should not kill except the killer)” [Al-Isra’ 17:33]

“And there is (a saving of) life for you in Al-Qisaas”

[Al-Baqarah 2:179]

The Prophet Muhammad ﷺ)l Said: 

“If a person’s relative is killed, he has the choice of two options: either (the killer) may be killed or the (Diyah/fidyah (ransom, blood money) may be paid.”

Agreed upon. 

According to another version: “Whoever has a relative killed after what I have said, his family has two options: to accept the diyah or kill (the killer).” And he (peace and blessings of ALLĀH ﷻ be upon him) said: “There is Qisaas for intentional Killing, unless the heir of the slain (Murdered) lets him off.”

End quote. 

There was no difference of opinion among the scholars that it is valid for the heirs of the victim to forego qisaas and accept the diyah. This is what is indicated by the Ahadith quoted above. 

In that Case, the Killer may be Set Free and he Should be Obliged to Pay the diyah. 

And ALLĀH ﷻ Knows Best.

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