Semi-deliberate killing, or manslaughter

Semi-deliberate killing, or manslaughter

source :Osoul Global Center

The rule on semi-deliberate killing or manslaughter falls in between deliberate and accidental killing. The offender is to pay indemnity from his wealth to the victim's family.

Semi-deliberate killing, or manslaughter

This occurs when the offender attacks his victim with something which does not normally cause death, but then the victim dies. This is a case similar to deliberate killing, in the sense that there is an assault, yet on the other hand it is similar to accidental killing, because of using something that does not normally cause death. Therefore the ruling here falls in between. The ruling applies even in cases where the attacker merely wanted to punish the person being attacked.[1]

Ruling: Like murder, this type of killing has two rulings.[2]  The first relates to the hereafter, which makes such action forbidden, incurring Allah’s punishment for killing someone who has the right to life. However, this punishment is lesser than the one for murder. The second ruling relates to this life. The offender is required to pay indemnity to the victim’s family. However, even if the victim’s family demand the death penalty, it does not apply. The indemnity is payable from the estate of the offender. In addition he is required to free a slave from bondage. If he cannot find that, he is required to fast two consecutive months.

references

  1.  Ibn Qudamah, Al-Mughni, vol. 7, p. 677.
  2. Ibid., p. 775.

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