content of level
The basis of assessment is the indemnity for killing a free Muslim, which is 100 camels. It is increased in the case of murder and manslaughter by requiring 40 of these camels to be pregnant females.
These include every type of harm that affects a human being but does not lead to death, including wounds and loss of limbs or other organs.In these cases al-Qisaas is enforced. Allah says: ‘A life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and a similar retribution for wounds’ (5: 43).
The offender has no intention to kill the victim, but his action results in another’s death.Ruling: The ruling relating to the hereafter is that accidental killing does not incur a sin or a punishment, while the ruling relating to this life is that indemnity is payable by the offender and his relatives over a period of three years.
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.
The important point when imposing a punishment is to be a deterrent, courts assess the indemnity payable according to the extent of the damage caused and suffering of the victim.
Qisas cannot be applied in case of losing a bodily organ, instead the victim has to be paid indemnity. If the loss cannot be assessed, the punishment is determined by a judge.
A qisas punishment is enforced in case of offences causing physical injury based on the Qur’an, the Sunnah and unanimity of scholars. Such Offences are of three categories.
Deliberate killing is a major sin, if the killer is a sane adult fulfilling 3 murder conditions he should be subjected to retribution of death as Qisas unless the victim's family forgives or accepts indemnity.
Committing a murder or killing someone without a lawful cause is strictly forbidden in Islam as stated in Quran. Killing is categorized into three types; deliberate, semi-deliberate and accidental.