The Wergild of Non- Muslim in Islamic Jurisprudence

Abstract

This research deals with the blood money of a non-Muslim. The study reviews the sayings of jurists and their evidence and discusses the most plausible ones. It was found through this research that the most plausible opinion in the matter is the Hanafi saying that the blood money of a non-Muslim if he/she is a dhimmi, or a covenant, or a trustee, is the blood money of a Muslim. This saying is the closest to justice that Islamic law guarantees to non-Muslim subjects. Thus, it is applicable in the Jordanian Sharia Courts. This research used inductive, descriptive, and analytical methods, where the provisions related to the subject were extrapolated and tracked from Fiqh books, and the statements of jurists were transferred from their authentic sources and attributed to their owners. The statements of Jurists were studied and analyzed to find out the points of agreement in them, and the difference in the issues contained in the research and discussing this evidence. The available texts that talk about the amount of Wergild non-Muslims have to pay to include some mistakes. The equality between the amount of Wergild that Muslims and non-Muslims pay is most consistent with the general rules and principles of Islamic law, and it is applied in the Jordanian Sharia courts.