Question:
One of our youth wants to settle the diyah (blood money) using silver, which is 12,000 dirhams, to make things easier for people. Is it permissible to rule with the diyah of silver if people do not buy it, trade with it for their blood money or dowries, nor save it as wealth, but rather only buy it sparingly for adornment? Knowing that the jurists set the diyah in camels for those who possess camels, in gold for those who possess gold, and in silver (waraq) for those who possess silver? May Allah reward you with Khayr.
Answer:
The diyah for those who possess camels is one hundred camels; for those who possess gold, it is one thousand dinars; and for those who possess silver, it is twelve thousand dirhams. This is correct.
However, current paper currency is not backed by gold or silver, so it does not fall under the category of "those who possess gold" or "those who possess silver."
It is considered currency (nuqud) by way of analogy (qiyas) due to the existence of an effective cause ('illah) derived from the text, which is "monetary nature" (an-nuqudiyyah), as explained in the relevant chapter of the book The Funds in the Khilafah State (Al-Amwal) and our other books.
Considering these papers in diyat (blood monies) depends on ijtihad in the matter. What I see is that there is no harm in valuing them by silver in the diyah for accidental killing (qatl al-khata’), because the one to whom accidental killing is attributed did not commit a sin. The diyah is not because they committed a prohibition (haram), but rather for a wisdom known to Allah. Thus, the lighter of the two values in paying the diyah for a mistake is appropriate since the killer did not commit a prohibition.
As for the diyah for intentional killing (qatl al-amd), I see it being valued in gold, because the intentional killer has committed a prohibition; therefore, leniency is not appropriate for them, rather the stricter of the two values is more suitable.
However, if these paper currencies were representative money for gold or silver, then the holder would be treated according to the metal (gold or silver) that they represent.
I ask Allah (swt) that I have been guided to the correct view in this.