The Book of Offences Against the Person
The author—may Allah the Exalted have mercy on him—said: “Offences against the person” is the plural of jināyah. Linguistically, it means an unlawful transgression against a person’s body, property, or honour.
In legal terminology, it means an unlawful transgression against the body that entails either retaliation or financial liability. It is therefore narrower than its linguistic meaning. Thus, one who backbites you is, linguistically, an offender; and one who takes your property is likewise, linguistically, an offender. Hence, transgression against one’s honour or property is not included under offences in this chapter. Legally, an offence refers only to a transgression against the body that entails retaliation if committed deliberately, or financial liability if committed by mistake.
The scholars have divided offences into three categories: deliberate, quasi-deliberate, and mistaken.
In the Noble Quran, Allah divides it into two categories: deliberate and mistaken. However, the sunnah establishes the category of quasi-deliberate killing, in the account of the two women from Hudhayl who fought one another. One of them struck the other with a stone, killing her and the child in her womb. The Prophet ﷺ ruled that the blood money for her unborn child was a ghurrah: a male or female slave; and that her blood money was payable by the paternal male relatives (1).
This killing is neither deliberate nor mistaken, but lies between the two. For if you consider the intentionality of the act, you would classify it as deliberate; but if you consider that the offence does not