Dr. Wahbah Az-Zuhayli states: “Though the father will not be killed in retaliation Qisas for killing his son, he must pay Diyyah (blood money), according to all schools of Fiqh. This applies to murder or manslaughter. However, the Malikites are of the view that if it is proven that the father has murdered his son, then he will be killed in retaliation, because Qisas has general application to all Muslims. And if he beats his son for the purpose of disciplining him, or throws a stick on him and the latter dies as a result, then there is no Qisas in this case. But the Diyyah is due in all cases.”
Thus, the father must pay the Diyyah for killing his son, as the case in question. The amount of Diyyah for murder is 1000 dinar (4, 25 kg. of gold), and the same amount is due in case of manslaughter
The eligible recipients of Diyyah are the close relatives of the murdered: his sons, daughters, brothers, sisters, mother, with the exception of the father because he is the murderer.
In the light of the above-mentioned facts, it’s clear that the murderer has to pay Diyyah to those mentioned in the above list of heirs who also have the power of granting him waiver if he seeks it from them. It’s enough to seek this waiver from those who have reached the age of puberty, for they are the ones that meet the condition of Takleef, i.e. reaching the age of competence stipulated by Shari`ah.
Diyyah (Blood Money) for Killing a Son
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