Question:-
What are the laws of Diyat (compensation) in the case of a young girl, who suffered mental trauma & psychological harm, due to discovering and reading her mother’s chats with a strange male. Her father is now claiming compensation from the stranger for therapy sessions and mental anguish that it has caused to the family. Is this permissible?
Answer:-
Diyat is generally applicable where a person causes physical injury to a person, or takes the life of another person in error. The details of Diyat can be found in the Kitaabs of Fiqh. In the case of intentional killing (with a sharp object), the punishment stipulated in Shariah is equal retribution which is referred to as Qisaas.
However, there isn’t any punishment stipulated in the Shariah for trauma and psychological harm. The details of the entire incident that occurred have not been outlined and explained to us, hence making it difficult for us to comment. However, we assume that it must have been quite serious for the family to have experienced such trauma and harm. Notwithstanding the above, the law of Allah Ta’ala and the Shariah supercedes and enjoys preference over our emotions. This should always be kept in mind. We are governed by the laws of Allah and His Rasul Salallahu Alaihi Wasallam.
Also, it takes two hands to clap; hence both parties should be equally blamed if both were party to the game. Now, if both parties are guilty, then how can we only hold one party responsible for the inconvenience caused to all?
Lastly, whatever has happened cannot be reversed irrespective of the measures that may now be adopted and put into place. There hasn’t been anyone harmed more than our master and leader Rasulullah Salallahu Alaihi Wasallam. Not only was he harmed by the kuffar but also by his very own relatives, yet he forgave one and all. He kept his heart clean and never held grudges against anyone for the harm caused to him. We too are in need of the forgiveness of Allah Ta’ala on the day of Qiyaamah (which is indeed a horrific and traumatising day). We should therefore forgive with the intention of attaining the forgiveness of Allah Ta’ala on the day of Qiyaamah, when we will be most in need of His forgiveness.
Also, always remember, no person in this world is perfect. It is a great wrong to be messaging a strange woman that is married with children, but if we overreact and oppress the perpetrator (by extorting money from him and harming him), then we will be held accountable in the court of Allah Ta’ala. Therefore, we advise that one should abide by the laws of Shariah even at this point in time, and act in a moderate manner without exceeding the bounds.
Those that were party to this action should really be ashamed of their behaviour and sincerely repent before Allah Ta’ala, making a firm intention never to return to such indecency ever again. The perpetrator should also seek forgiveness from the woman’s family whom he has caused so much of inconvenience to. He could have destroyed an entire family unit simply due to him desiring to fulfil his lusts and desires. May Allah Ta’ala make it easy for the family and grant all a speedy recovery. Ameen
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 29 Jumad-al-Ula 1443 / 03 January 2022
