Book of Criminal Offences (1)
Homicide
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Intentional homicide – Retaliatory execution (qiṣāṣ) is specific to this category, on condition that the killing was deliberate and that legal equivalence exists between killer and victim.
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Quasi-intentional homicide
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Accidental homicide
In both quasi-intentional and accidental cases, the blood money (diya) is borne by the ʿāqila—the paternal agnates—while the expiation is paid from the killer’s personal wealth.
Whoever kills a person whose blood is inviolable with something that customarily causes death—such as a sharp weapon, a large stone, poison, sorcery that usually kills, by throwing him from a height, or into fire, or into drowning water, and the like—or who testifies against him in a capital case and later retracts, admitting, “I intended it,” is subject to retaliatory execution.
If he deliberately strikes him with something that does not normally kill and in a non-fatal spot—like a small stone or a whip—the act is deemed quasi-intentional homicide.
If he shoots at game or a target and unintentionally hits a human being, or a sleeper (or the like) rolls over onto someone and kills him, the case is accidental homicide—just as the killing committed by a minor or an insane person is treated.
A group of killers may all be put to death for a single victim; but if the right of retaliation is waived, only the blood money is payable.
Whoever coerces a legally responsible person (mukallaf) to kill his equal incurs retaliation—or blood money (2)—against them both. If he orders the killing through someone who is not legally responsible, or through a person ignorant of the prohibition, or if a tyrannical ruler commands it (3), then the one who was ignorant