Newspeg: “After nearly 11 years, an overseas Filipino worker has finally been saved from death row in Saudi Arabia, after the Saudi government agreed to pay SR2.3 million (about P24.9 million) in blood money sought by his victim’s kin. xxx
“(OFW Rodelio “Dondon”) Lanuza had been languishing in jail since 2000 for the killing of Saudi national Mohammad bin Said Al-Qathani. Xxx A report on Arab News said Lanuza worked in Saudi Arabia in 1996 as a draftsman. He admitted having stabbed Al-Qathani but said it was due to self-defense.” Xxx In 2002, he was sentenced to death by beheading, the Arab News report added.” (gmanetwork.com/news)
What is “blood money” under Islamic criminal law?
From: Matthew Lippman (Associate Professor, University of Illinois at Chicago), Islamic Criminal Law and Procedure: Religious Fundamentalism v. Modern Law, 12 B.C. Int’l & Comp. L. Rev. 29 (1989), http://lawdigitalcommons.bc.edu/iclr/vol12/iss1/3
“Criminal acts are divided into three categories. Hudud offenses are crimes against God whose punishment is specified in the Koran and the Sunna. 79 (footnotes removed due to space constraints). As God’s agent, the state initiates the prosecution of the accused. Quesas are crimes of physical assault and murder punishable by retaliation-the return of life for a life in case of murder.80 The victim or the surviving heirs may waive the punishment and ask for compensation (blood-money or diyya) or pardon the offender.81 Ta’azir are offenses whose punishments are not fixed by the Koran or Sunna and are within the discretion of the qadi.82
“Quesas and Ta’azir are offenses against the person and are private wrongs. The victim or heirs initiate prosecution of Quesas and, as noted, may waive punishment and ask for compensation or pardon the offender. The state initiates prosecution of Ta’azir (according to most jurists) as part of the ruler’s responsibility to maintain public order and welfare. The victim of Ta’azir may request the sovereign to exercise the power of grace or pardon (,afw), and the sovereign, at his discretion, may choose not to punish the offender.83
xxx
“2. Quesas Offenses
“Quesas means “equality” or “equivalence.”12o Quesas are divided into crimes against the person (murder) and crimes against the body (bodily injury). Quesas crimes include murder, voluntqry killing, ipvoluntary killing, intentional physical injury or maiming, and unintentional physical injury or maiming.121
“Islam considers murder to be the most serious crime against the person. xxx
“The murderer is executed unless the victim’s family demands compensation (diyya) or pardons the offender. xxx
xxx
“Judicial and governmental decisions must conform to the Shari’a. A governmental or judicial decision must be consistent with the Shari’a; otherwise it is a nullity. The Koran urges, “[f]ollow what has been sent down to you from your Lord, and follow no friends other than He …. “155 “Judgment belongs only to God; He has commanded that you shall not serve any but Him.”’56 Moreover, “[ w ]hoso judges not according to what God has sent down-they are the unbelievers.”157
