a levy on each male who had reached puberty, without fixing it at that amount; this, too, was jizyah. Likewise, he reached an agreement with the people of Najrān for payments different from these and not fixed at that amount. This shows that the matter rests on what the ruler considers beneficial and what those entering into the treaty agree to. It then becomes an obligation upon them which they discharge—that is, they undertake and pay it.

As for diyah, in cases of intentional killing it depends on the agreement of the two parties. In cases of accidental killing, however, religious law makes it a definite obligation, so it cannot depend on their mutual agreement. Rather, it may be said that religious law has fixed it generally for the entire Muslim community, just as it has prescribed prayer and zakah. It may also vary according to people’s differing views concerning its kind and amount. This is the more plausible of the two views, and the transmitted reports support it: the Prophet, may Allah bless him and grant him peace, fixed it at one hundred camels only for people whose wealth consisted of camels. Accordingly, he prescribed gold for those whose wealth was in gold, silver for those whose wealth was in silver, sheep for those whose wealth was in sheep, and garments for those whose wealth was in garments. This was also the practice of ʿUmar ibn al-Khattāb and others.

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Allah Most High says:

“And those who guard their private parts, except with their wives or those their right hands possess.”

The Prophet, may Allah bless him and grant him peace, said:

“Guard your private parts except from your wife or those your right hand possesses.”

The Quran also indicates that anyone with whom intercourse is forbidden through marriage