What choices could victims or their families make in traditional cases of homicide or assault?

In traditional Sharia law, offenses against a person—such as homicide or assault—are treated as civil injuries rather than crimes against the state. Consequently, the victim or the victim’s family holds the primary right to prosecute and determine the outcome of the case.12

They generally have the following choices:

• Retaliation (qiṣāṣ): The family may demand that the offender receive the same treatment as the victim. In cases of homicide, this may involve the family demanding the death of the perpetrator, and they may even carry out the execution themselves.13
• Compensation (diyah): The family may opt to accept blood money, known as diyah, in place of retaliation. The rate of this compensation is determined by social convention and established rules, which may vary based on factors such as the severity of the injury, the gender of the victim, and the religious affiliation of the parties involved.134
• Discretionary Settlement: Because these matters are viewed as disputes between family or tribal groups, the parties involved may negotiate terms for resolution, including the extension of payment timelines for diyah if the perpetrator cannot pay immediately.43