How Is Blood-Money and Retaliation Determined for an Enslaved Person?
Hanafi Fiqh
Answered by Shaykh Faraz Rabbani
Question
Historically, was a free person executed for killing an enslaved person? Was the blood-money for an enslaved person the same as for a free person?
Answer
In the Name of Allah, the Benevolent, the Merciful.
These rulings are from the classical law of an institution that Islam inherited. Islam sharply restricted it and guided it towards abolition. It is important to read these rulings in that context, not as a living program.
The underlying principle is the sanctity of every human life.
On retaliation (qisas), the schools differed in reading the verse, “O you who believe, retaliation is prescribed for you in the matter of the slain: the free for the free, the slave for the slave.” [Quran 2:178]
Imam Abu Hanifa held that a free person is subject to retaliation for killing another’s slave.
He reasoned from the shared sanctity of life, as in the verse, “a soul for a soul,” and the report, “the Muslims’ lives are equal in sanctity.” He held that status differences are not considered when a life is taken.
Imam Shafi’i, with the majority, held that a free person is not killed for an enslaved person, taking the verse’s pairing as decisive, and dealt with the matter through compensation instead. [al-Nasafi, Madarik al-Tanzil; al-Baghawi, Maalim al-Tanzil]
On blood-money (diya), the compensation for an enslaved person was set by their value (qima), not by the fixed sum owed for a free person. It was less than the diya for a free person [Biqa’i, Nazm al-Durar].
The amount was determined by valuation, not by the standard amount for a free person.
The Scope and Purpose of these Rulings
It is important to understand what these rulings are and what they are not.
They are the careful work of jurists reasoning within a social institution that existed in their time. They do not mean that one soul is worth less than another before Allah.
The wisdom the Quran itself gives for the whole law of retaliation is the protection of life: “And there is life for you in retaliation, O people of understanding” [Quran 2:179] — for when a would-be killer knows he will answer with his own life, he holds back, and two lives are spared.
The commentators note that this verse came to end the blood-feuds of pre-Islamic Arabia, where a whole clan might be slain for a single man, so that the law of equal retaliation became, in truth, a law of life. [Ibn Kathir, Tafsir al-Quran al-Azim; Abu al-Suud, Irshad al-Aql al-Salim]
The Quran and Sunna raised the standing of the enslaved at every opportunity. They urged and rewarded their freeing, and made emancipation an expiation for sins. The law was steadily guided toward liberation.
Putting These Rulings in Their Place
Human life is sacred. Taking it unlawfully is among the gravest of crimes. Islam’s path was always toward freeing the enslaved, not entrenching their bondage. If you study these classical chapters, do so with a qualified teacher who can explain each ruling in its context.
In this, there is hope: a tradition that took a deeply unequal inheritance and pressed it steadily toward freedom.
And Allah knows best.
[Shaykh] Faraz Rabbani
Related SeekersGuidance Answers
- Retaliation due to the murder of a non-Muslim — Cites Quran 2:178 on qisas (free for free, enslaved person for enslaved person); retaliation applies for the slain non-Muslim.
- What Does Islam Teach About Slavery and Enslaved Women? — Islam narrowed entry to bondage and threw open every exit, steadily closing slavery toward freedom.
- What Are the Rights of a Master and a Slave? — Islam reformed slavery via prthe esumption of freedom; rights enwere forced through a judge in an Islamic court.
Shaykh Faraz Rabbani is a recognized specialist scholar in the Islamic sciences, having studied under leading scholars from around the world. He is the Founder and Executive Director of SeekersGuidance.
Shaykh Faraz stands as a distinguished figure in Islamic scholarship. His journey in seeking knowledge is marked by dedication and depth. He spent ten years studying under some of the most revered scholars of our times. His initial studies took place in Damascus. He then continued in Amman, Jordan.
In Damascus, he was privileged to learn from the late Shaykh Adib al-Kallas. Shaykh Adib al-Kallas was renowned as the foremost theologian of his time. Shaykh Faraz also studied under Shaykh Hassan al-Hindi in Damascus. Shaykh Hassan is recognized as one of the leading Hanafi jurists of our era.
Upon completing his studies, Shaykh Faraz returned to Canada in 2007. His return marked a new chapter in his service to the community. He founded SeekersGuidance. The organization reflects his commitment to spreading Islamic knowledge. It aims to be reliable, relevant, inspiring, and accessible. This mission addresses both online and on-the-ground needs.
Shaykh Faraz is also an accomplished author. His notable work includes “Absolute Essentials of Islam: Faith, Prayer, and the Path of Salvation According to the Hanafi School.” This book, published by White Thread Press in 2004, is a significant contribution to Islamic literature.
His influence extends beyond his immediate community. Since 2011, Shaykh Faraz has been recognized as one of the 500 most influential Muslims. This recognition comes from the Royal Islamic Strategic Studies Center. It underscores his impact on the global Islamic discourse.
Shaykh Faraz Rabbani’s life and work embody a profound commitment to Islamic scholarship. His teachings continue to enlighten and guide seekers of knowledge worldwide.
