Justice: Which Extended Family Members Are Liable to Pay

This is another article in the chapter Justice from the classical manual on Sharia called Reliance of the Traveller. The articles are posted one by one in the order they are given in the book.

04.10 The members of the offender’s extended family who are liable for certain kinds of indemnities consist of the offender’s universal heirs, excluding his father, father’s father (0: and on up), his son, son’s son (0: and on down). (A: Meaning that they consist of those mentioned at L10.6 (7-14).) Those of the extended family who are poor (A: poor meaning someone who has enough for himself but no more), prepubescent, or insane are not obliged to pay (N: anything in conjunction with the other members). If the offender is Muslim, then his non-Muslim relatives are not obliged to pay, as is also the case if the offender is non-Muslim and his relatives are Muslim.
04.11 When the extended family is obliged to, they must pay the entire indemnity of 100 camels (N: or the gold equivalents) within three years.
Every required extended family member who is well-off is obliged to pay one-half dinar (n: 2.1175 grams of gold) at the end of each year, while every member who is between affluence and poverty is obliged to pay a quarter dinar (n: 1.05875 grams of gold), If any of the indemnity remains to be paid after three years (N: or if the offender has no family to pay it), it is paid by the Muslim common fund (bayt ai-mal). If there is none, the offender himself must pay.
04.12 When the indemnity due is less than a full indemnity (A: full meaning that which is due for a Muslim male (def: 04.2-6)), as when it is for a wound, miscarriage, female, or a Jewish or Christian subject of the Islamic state, then:
(1) if it consists of one-third or less of a full indemnity, it must be paid within one year;
(2) if it consists of two-thirds or less of a full indemnity, then one of the thirds must be paid in the first year, and the rest in the second year;
(3) and if it amounts to more than two-thirds of a full indemnity, then the two-thirds must be paid within two years and the rest in the third year.


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