The Retributive Proportionality and Islamic Punishment of Diyyah

Abstract

Western Penal theory of ‘Retribution’ is based upon the philosophy of proportional punishment for a crime. The research focuses on the practical application of a philosophical idea in the Islamic punishment of diyyah. The main findings are the perfect application of the element of retributive ‘proportionality’ in all diyyah laws. The proportionality proved to be the basic rule of diyyah punishment where the homicide along with the bodily harms are proportionally compensated with the principle amount of hundred camels, ten thousand silver dirhams or one thousand gold dinars keeping in view the utility or the number of body parts of that organ. The damage to entire body in the shape of death, complete damage to a sense, to an organ or its utility, is proportionally compensated with full diyyah however the organs having more than one part are compensated with the proportional amount to the number of that body part in human body which results in half diyyah for damage to one hand, leg, eye or eyebrow and quarter for each eyelid. In this way each organ, its utility or each sense is proportionally compensated with adequate and proportional diyyah amount.