All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Intentional killing is an act of aggression and a major sin among the gravest of sins. Allah, the Exalted, says {what means}: "But whoever kills a believer intentionally - his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment." [An-Nisa'/ 93]. This is also based on the saying of the Prophet, peace and blessings be upon him: "Avoid the seven destructive sins." They asked, "O Messenger of Allah, what are they?" He said, "Associating partners with Allah (shirk), witchcraft, killing a soul whom Allah has forbidden [to kill] except by right, consuming usury, consuming the property of an orphan, fleeing on the day of battle, and slandering chaste, innocent believing women." [Bukhari & Muslim]
The initial ruling for intentional murder is lawful retribution (Qisas). If retribution is pardoned or not carried out, then the blood money (Diyyah) becomes obligatory. In the case of intentional killing, the Diyyah is aggravated (Mughallazah). Its aggravation takes three forms:
1. It is obligatory upon the killer alone, and not upon the 'Aqilah (the male agnates who traditionally share the burden of Diyyah for unintentional acts). The evidence for this is what was reported from Ibn 'Abbas, who said: "The 'Aqilah does not bear the responsibility for an intentional killing or a settlement." [Narrated by Al-Bayhaqi in As-Sunan As-Saghir]
2. It is due immediately and is not subject to a delay in payment.
3. It consists of three specific types of camels in terms of their ages, unlike the five types specified for unintentional killing. The evidence for this is the narration from 'Amr ibn Shu'ayb, from his father, from his grandfather, that the Prophet, peace and blessings be upon him, said: "Whoever kills a believer intentionally is handed over to the guardians of the victim. If they wish, they may kill him; and if they wish, they may take the Diyyah, which is thirty Hiqqah (four-year-old she-camels), thirty Jadha'ah (five-year-old she-camels), and forty Khalfah (pregnant she-camels). Whatever they agree upon through settlement is theirs. That is for the severity of the compensation." [Narrated by At-Tirmidhi] Imam An-Nawawi, may Allah have mercy on him, said: "The Diyyah is aggravated in intentional killing in three ways: It becomes obligatory upon the offender and is not borne by the 'Aqilah, it is due immediately, and it is tripled in type: one-third Hiqqah, one-third Jadha'ah, and forty Khalfah. Al-Khalfah is a pregnant she-camel." [Rawdat At-Talibin, Vol.9/P.256]
If the killer dies, the Diyyah remains an obligation against his estate. Imam Al-Mawardi, may Allah have mercy on him, said: "If the killer were to die, the Diyyah becomes obligatory upon his estate, even though the right of retribution (Qisas) is extinguished by his death." [Al-Hawi Al-Kabir, Vol.12/P.135] Sheikh Al-Islam Zakariyya Al-Ansari, may Allah have mercy on him, said: "The life of the offender is financially guaranteed; so even if he dies, or is killed by an unrelated person, the Diyyah is taken from his estate." [Asna Al-Matalib, Vol.4/P.36]
However, the Supreme Islamic Court, in its decision No. (26/2022), ruled that the Diyyah is voided if the offender dies, basing its ruling on the school of the Honorable Hanafi scholars, as stated in [Al-Mabsut, Vol.26/P.63] by Imam As-Sarakhsi and in [Bada'i' As-Sana'i', Vol.7/P.246] by Imam Al-Kasani.
In conclusion, the 'Aqilah is not liable for anything under any circumstances in the case of intentional killing, as the Diyyah is the liability of the intentional killer and remains a debt upon him. If his 'Aqilah contributes anything towards it, it is permissible with the intention of being a charitable donation (Sadaqah), and the donor will be rewarded for his intention. This falls under the category of cooperating in righteousness. And Allah, the Exalted, knows best.
