Question:
If a woman kills someone, who is the one who pays the Diyah (blood money), her husband or her family?
Answer:
If it was an accidental killing, the Diyah is upon her Aaqilah (tribe), as is in the Hadith of Usaamah the father of Ibn Abi Maleeh that a woman killed someone, and the one she killed was pregnant, so the Prophet ﷺ ruled that the Diyah be upon her Aaqilah, the Diyah of a woman who killed another (woman) accidentally – threw a stone at her – is upon the Aaqilah, and a Ghurrat-Abd (A good quality slave) for the killed fetus.
For the (killed) fetus is a Ghurrat-Abd or Ammah (A good quality slave or slave girl) which in these times is 5 camels, and maybe they value it in some countries as 15,000 Saudi Riyal, with a single camel being 3000, so the Ghurrah with this calculation, her Diyah will be about 15000, if it was a accidental killing, and it will be upon the father.
As for if the woman died also, then the Diyah is upon the Aaqilah, and the Aaqilah is the Qabeelah (tribe), and there is nothing from that upon the husband, except if he is from the tribe also, he pays his portion.
There remains the Diyah of intentional killing, they unanimously agreed that the woman is killed, and she is killed for a woman and for a man if she killed him.
If they pardon her from being killed in retaliation to accepting the Diyah, then the Diyah is taken from her wealth, except if someone donates to her as is the affair of all people, either they are killed in retaliation or they pay the Diyah, for the man and a woman.
The killer is either killed in retaliation or if they pardon from (killing in retaliation) to accepting the Diyah, then she bares the burden herself of paying it and whoever aids her with it after the acceptance of the Waliys he’s rewarded.
Answered by: Shaykh, the Allamah, the Trustworthy Advisor, Abu Abdirrahman Yahya bin Ali Al-Hajuri – may Allah preserve him
Source: https://t.me/sh_yahia_duroos/9484
Translated by: Abū ‘Abdillāh ‘Omar bin Yahya Al-‘Akawi