If the offence that caused the victim’s death was pure, premeditated murder, the entire blood-money is immediately payable from the killer’s own property, for the fundamental rule is that the one who destroys something must himself make it good.

Al-Muwaffaq Ibn Qudāmah said: “The scholars are unanimously agreed that the dīyah for intentional homicide is taken from the killer’s wealth; his ʿāqilah (his male agnate relatives) do not share it. This conforms to the basic principle, for Allah says: ‘No bearer of a burden shall bear another’s burden’ (Q 6:164).” End quote.

This principle was set aside only with respect to accidental killing because such mistakes are numerous and the prescribed dīyah for a human being is large. Imposing it on the offender alone would be ruinous, so wisdom required that it be charged to the ʿāqilah as an act of solidarity that lightens the burden on the killer, since he is excused. The deliberate murderer, however, has no excuse and therefore deserves no such relief. Moreover, qiṣāṣ (retaliatory execution) is originally due from him; if he is pardoned, he must pay the dīyah as the ransom for his own life, and that payment falls due at once, like every other form of compensation for destroyed property.

With regard to the dīyah for quasi-intentional homicide (shibh al-ʿamd) and for accidental homicide, both are borne by the killer’s ʿāqilah. This is established by the ḥadīth of Abū Hurayrah—may Allah be pleased with him—who said: “Two women from the tribe of Hudhayl fought each other; one of them threw a stone at the other and killed her along with what was in her womb. The Messenger of Allah ﷺ ruled that the blood-money for the woman be paid by her ʿāqilah.” Agreed upon. The ḥadīth therefore indicates that the dīyah for quasi-intentional killing is borne by the killer’s ʿāqilah.

As for the dīyah of accidental killing, Ibn al-Munḏir said: “Everyone from the scholars whose opinions we have preserved …”