Part IV
Sanctions

Chapter III
Compensation

Dia (blood money)
42.(1) Dia (blood-money) is one hundred camels of different ages, or its equivalent value in money as the Chief Justice may determine from time to time, after consultation with the competent bodies.

(2) Dia of wounds (arsh) and "ghura" are determined as set out in the Schedule II hereto.

(3) Dia multiplies by the number of victims and not by the number of offenders in the offence punishable therewith, and payment of dia shall be equally borne by the offenders, if their participation is in execution of a criminal conspiracy between them, and in all other cases, dia shall be paid by each, according to his participation in the offence .

(4) No other compensation shall be imposed alongside dia for homicide and wounds.

(5) In case of homicide and wounds caused by negligence the amount of dia shall be decreased proportionately to the offender's participation in causing the offence.


Judgment of dia
43. The court shall pass judgment of dia in accordance with the Schedule II hereto, in any of the following cases :

(a) in murder and intentional wounds, if retribution (qisas) is remitted;

(b) in semi-murder and semi intentional wounds;

(c) in homicide and wounds caused by negligence;

(d) in homicide and wounds caused by a minor, or indiscriminate person.


To whom dia is due
44. Dia is due eriginally to the victim, and then passes on to his heirs, according to their shares in inheritance, and where the victim has no heirs, dia shall vest in the state.


Persons on whom dia is due and mode of collection therefrom
45.(1) Dia shall be due upon the offender in offences of murder or intentional wounds.

(2) Dia shall be due upon the offender and his clan (aqila) in offences of semi-intentional and negligent homicide and wounds .

(3) Clan (aqila) includes the paternal relatives of the effender, or his insurer, persons who are jointly liable with him, and his employer financially of the offence is committed during the course of his employment.

(4) The dia of murder or intentional wounds, shall be immediately due, and may be postponed, or paid in installments with the consent of the victim or his relatives, and dia of semi-murder or homicide caused by negligence, may immediately be due or paid by installments, and the person responsible for the dia shall produce the necessary guarantee if requested by those entitled thereto.

(5) Dia shall be collected, in accordance with the provisions of the Civil procedure Act.


Restitution of property or benefit or compensation
46. The court shall, upon conviction of the accused, order the restitution of any property, or benefit obtained by the offender, and it may, on application by the victim or his relatives, order compensation for any injury resulting from the offence, in accordance with the provisions of the Civil Transactions and Procedure Acts.