As for the third form—striking someone out of animosity and anger—there are two opinions:
First: the well-known and established position of Mālik is that this constitutes intentional killing and incurs retaliation, except where the killer is the victim’s father, mother or grandfather. In that case, retaliation is not exacted, but aggravated blood money is payable from the killer’s own wealth. This is Mālik’s position in al-Mudawwanah, for he rejected quasi-intentional killing as an invalid category. He maintained that killing is either intentional or accidental, with no third category, because Allah mentions only these two in His Book.
Second: this constitutes quasi-intentional killing; retaliation is not exacted, but aggravated blood money is payable. This position is also reported from Mālik, may Allah have mercy on him, as transmitted by the Iraqi scholars. It is the position of most scholars, although they disagree over how the blood money is aggravated. Some hold that it comprises four categories, which is the position of Abū Hanīfah; others hold that it comprises three, which is the position of al-Shāfiʿī. They likewise disagree concerning injuries, just as they disagree concerning killing: is there a quasi-intentional category or not? Abū Hanīfah, Abū Yūsuf and Muhammad hold that quasi-intentional harm applies only to killing, not to injuries. They also disagree over what constitutes quasi-intentional killing. Some maintain that retaliation is exacted only against someone who kills with an iron weapon. Abū Hanīfah said that retaliation is exacted only against someone who kills with an iron weapon, a sharp splinter of reed, or fire.
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As for the third form—acting with the intention to kill—it takes one of two forms:
First: killing by treachery.
Second: killing out of animosity and hostility.
In the case of killing by treachery, the killer is put to death in all circumstances, and the victim’s next of kin may not pardon him.
In the case of killing out of animosity and hostility, the victim’s next of kin have the choice: if they wish, they may pardon,