Ad-Diyah (Fidiya ya Uuwaji) Kwa Uuwaji wa Kukusudia na Usio wa kukusudia
Swali:
ﺑﺴﻢ ﷲ ﺍﻟﺮﺣﻤﻦ ﺍﻟﺮﺣﻴﻢ
Assalaamu Alaikum Wa Rahmatullahi Wa Barakatuhu,
Diyah (Fidia ya kifo) inayolipwa kwa mauaji yasiyo ya kukusudiwa (Al-Qatl Al-Khata’) ni wajib na hulipwa kwa familia ya aliye uwawa. Katika hadith, Mtume saw amenukuliwa akisema ni Ngamia 100 kwa bedui au Dinar 1000 ya Dhahabu au Dirham 12,000 za fedha.
Amr Bin Hazm amedokezea katika kitabu chake kwamba Mtume wa Allah swt aliwaandikia watu wa Yemen kwamba:
«وإن في النفس المؤمنة مائةٌ من الإبل، وعلى أهل الوَرِق ألف دينار»
“Kuna haki inayo mpasa kulipwa kwa uhai wa muislam ambayo ni Ngamia 100 na kwa watu wengine ni dhahabu Dinar 1000” (An-Nisaa’i).
Naye Ibn ‘Abbas amesimulia kwamba: Aliuwawa mtu kutoka katika kabila la Bani ‘Adiy ديته اثني عشر ألفاً» «فجعل النبي “Hivyo basi Mtume saw akamtekelezea fidia yake ya kuuawa kuwa Dirham 12,000” (Imesimuliwa na Abu Dawud naye Ibn Majah).
Ash-Sha’bi yeye anasimulia kwamba ‘Umar aliweka Dinar 1000 kwa watu walio paswa Dhahabu na ikasimuliwa kutoka kwa ‘Amr Bin Shu’aib aliye ipata kutoka kwa babu yake kwamba: ‘Umar ra alikhutubia watu na akasema na kusema kwamba: “Hakika ngamia wamekuwa ghali mno, hivyo basi fanyeni thamani yake kwa watu wanao jishughulisha na dhahabu iwe ni Dinar 1000, wanao jishughulisha na fedha (silver) iwe ni Dirham (Wiraq) 12,000, na kwa watu wanao jishughulisha na ng’ombe ni ng’ombe 200, kwa kondoo ni 1000 na kwa watu wanao jishughulisha na nguo/mavazi ni nguo 200” (Abu Dawud).
Shaikh wetu nakuombea kwa Allah swt akujaalie haraka uongozi wa Ummah kupitia dola tukufu ya Khilafah, Insha’Allah, apa tunaona tofauti iliyopo kuhusianana na fidia ya uuaji katika zama za ‘Umar ibn Al-Khatab na alivyo simamia, je tunaweza kuichukulia hii kama ni Ijma’a Swahabah na kwamba ni wajibu kuchukua namna alivyo wajibisha Umar ibn Al-Khatab ra? Na jee, inajuzu kwa zama hizi kulipa kwa fedha (Al-Wiraq) hali yakuwa kuna tofauti kubwa ya namna inavyo thaminiwa bei ya dhahabu na ile ya fedha kuwa 90%, yaani fidia ya uuaji kwa kulipa kwa dhahabu ni zaidi ya mara kumi ya kulipa kwa fedha. Hapa kuna tofauti ya wazi kabisa na ni tofauti kubwa baina ya fidia ya uuaji kwa namna hizi mbili (fedha na au dhahabu). Jee, kwa zama hizi tushike hukmu ipi?.
Jazaakallahu Khairan
Jawabu:
Wa Alaikumu Salaam Wa Rahmatullahi Wa Barakaatuhu,
Fidiya ya uuaji (Diyah) inaweza kuwa mifugo au pesa Nuqood). Kwa fidiya ya mifugo; iwapo uuaji haukuambatana na ukatili na mateso atalipiwa Ngamia 100 na hii hulipwa kwa mauaji ambayo siyo ya kukusudia. Dalili kwa hili ni kama alivyo simulia An-Nisaa’i kutoka kwa ‘Amr Bin Shu’aib kutoka kwa babayake, kutoka kwa babu yake, kwamba Mtume saaw amesema:
«مَنْ قُتِلَ خَطَأً فَدِيَتُهُ مِائَةٌ مِنَ الْإِبِلِ…».
“Aliye uawa si kwa kusudiwa fidiya yake ni Ngamia 100…”
Lakini kwa uuwaji kwa makusidio nusu, ana tusimulia An-Nisaa’i ra kutoka kwa ‘Abdullah Ibn ‘Amr ran aye kutoka kwa Mtume saaw kwamba:
«قَتِيلُ الْخَطَإِ شِبْهِ الْعَمْدِ بِالسَّوْطِ أَوِ الْعَصَا، مِائَةٌ مِنَ الْإِبِلِ أَرْبَعُونَ مِنْهَا فِي بُطُونِهَا أَوْلَادُهَا»
“(Kuhusiana na) aliye uawawa kimakosa kwa namna ya nusu makusudio kwa kutumia kipigo au fimbo, inamuwajibikia muuaji kulipa fidia ya Ngamia 100, 40 kati yao wawe wajawazito”.
Fidia hii pia inajuzu kwa uuwaji wa kukusudia iwapo tu familia ya aliye uawa itaridhia fidia badala ya Qisas (kuadhibu hadi kifo).
Ilivyo fidiya kwa kutumia pesa; inapasa iwe ni Dinar 1000 za dhahabu kwa watu wanao jishughulisha na dhahabu; na Dirham 12000 kwa watu wanao jishughulisha na fedha. An-Nisaa’i anasimulia kutoka kwa Abu Bakr Bin Muhammad Bin ‘Amr Bin Hazm kutoka kwa baba yake kutoka kwa babu yake kwamba, “Mtume wa Allah aliwaandikia barua watu wa Yemen waliokuwa wakijishughulisha na mikopo, sunan na Diyah…” Na imetajwa humo kwamba: «…وَعَلَى أَهْلِ الذَّهَبِ أَلْفُ دِينَارٍ» “…na juu ya watu wa dhahabu ni Dinar 1000”.
Naye Abu Dawud amesimulia katika Sunan (kitabu chake) kutoka kwa Ikramah kutoka kwa Ibn ‘Abbas, mtu mmoja wa kabila la Bani ‘Adi ali uawa; ديته اثني عشر ألفاً» «فجعل النبي “ na kwa hilo Mtume saaw alihukumu Diyah yake iwe 12,000”.
Shar’i Dinar ni sawa na uzito wa gramu 4.25 za dhahabu na ndiyo hutumika kama uzito wa Shar’i. Nayo Shar’i ya Dirham ni sawa na gramu 2.975 za fedha. Kwa kutumia msingi huo, diyah ya mtu aliye uawa ni sawa sawa na uzito wa gramu 4250 za dhahabu; ni sawasawa na gramu 35700 za fedha.
Diya hulipwa kwa pesa ya karatasi kwa kipimo cha Dinar 1000 za dhahabu kiwango cha gramu 4250 za dhahabu na kipimo cha Dirham 12,000 za fedha kwa thamani ya kiwango cha gramu 35700 za fedha.
Kwa zama hizi hakika pesa ya karatasi yaina mfanano na dhahabu na fedha, kwahiyo haingii haswa kuwa katika watu wa dhahabu wala watu wa fedha (wanao jishughulisha nazo).
Huchukuliwa kuwa ni pesa kwa njia ya Qiyas kutokana na uwepo wa Illah (hoja ) iliyo vuliwa kutoka katika hukmu ambayo ni ‘An-Naqdiyah’ (kuwa inatumika kama pesa) kama ambavyo imefafanuliwa katika mlango wake maalum katika kitabu, Mapato katika Dola ya Kiislam ( Funds in the Islamic State), na pia katika maeneo mbalimbali ya vitabu vyetu.
Kuthaminisha Diyah kwa dhahabu kwa ulinganifu na pesa ya karatasi ni jambo muhimu sana zama hizi kuliko kuthaminisha Diyah kwa fedha kwa ulinganifu na pesa ya karatsi ya zama hizi, na ni juu ya Ijtihad itakayo chukuliwa juu ya masuala haya ya kutumia pesa ya karatasi kwa ajili ya Diyah (Kulipia fidia ya uuwaji).
Uwezekano ninao uona mimi ni kwamba hakuna tatizo kwa kuithaminisha na fedha kwa kipimo cha Diyah ya aliyeuawa kimakosa (sio kwa makusudi). Sababu ya mtazamo huu ni kwamba aliyeuwa (bila kukusudia) hakufanya dhambi. Diyah (fidiya) anayo lipa sio kwasababu amefanya jambo la haraam lakini Diyah hii ni kwa ajili ya Hikma ambayo Allah swt Pekee Ndiye Ajuaye. Hivyo basi wepesi wa viwango vya vipimo hivi viwili kwa munasaba wa kulipa Diyah ya uuwaji bila kukusudia inafaa/inajuzu kwa muuwaji ambaye hakufanya kitendo cha Haraam. Lakini kwa Diyah ya uuwaji wa kukusudia naona thamani yake ilinganishwe na dhahabu. Hii ni kwa sababu muuwaji wa kukusudia ametenda kitendo cha Haraam kwa hiyo haipasi kwake kupata wepesi na hivyo basi anastahili adhabu ngumu zaidi kati ya kiwango cha vipimo hivyo viwili.
Nami nina Muomba Allah سبحانه وتعالى kwamba niwe nimefikia katika lililo sahihi.
Ni Ndugu yenu;
Ata Bin Khalil Abu Al-Rashtah
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