Chapter: The Legal Ruling on an Assailant

Preface
The Arabs say, “ṣāla ʿalayhi ṣawlan,” meaning: he stormed his victim, seeking to overpower and subdue him. Such assault may target a person’s life, honor, family, or property.

Accordingly, if someone—or even an animal—assails a person, or attacks his wife, children, or wealth, he must repel the aggressor with the least force he reasonably believes will suffice. If the assailant cannot be driven off except by killing him, or if he fears that, unless he strikes first, the assailant will kill him, he may strike with a blow that kills or severs a limb, and no liability is incurred; he has eliminated the threat solely to ward off harm, just as one may do against a bāghī (rebellious aggressor). If, however, the person under attack is killed, he is regarded as a martyr, and his blood remains protected—that is, the killer is held liable.