Murder under Islamic Criminal Law Name: Rakan Al-Mansour ID: 201601678 Instructor: Dr. Adnan Mahmutovic Course: Comparative Criminal Law Section: 101
• Outline: • Introduction • Classification of Murder under Islamic Criminal Law • Intentional murder & Quasi-Intentional murder & murder by mistake • Punishment of intentional murder & Quasi-intentional murder & murder by mistake
• Introduction:
What is the Classification of Murder under Islamic Criminal Law?
According to the majority of the jurists homicide (murder) in Islamic criminal law is of three kinds, namely: ✤ Qatl-i-amd (willful murder consisting of murderer’s will, and use of a mortal weapon) ✤ Qatl-i-sibhi-amd (willful murder, but the instrument used is not considered to endanger life) ✤ Qatl-i-khata (accidental murder)
• Intentional murder: When the killer has the intentional act by using a tool often used for killing such as sharp knives in general. For example, knife or sword, or shooting at the victim, or beating him with a large weight that often leads to killing.
• Quasi-Intentional murder: When the killer has the intention of attacking a person using a tool that is not often used for killing, such as a stick, a light stone, a whip, or a punch from the hand, leading to the death of the victim.
• murder by mistake: When a person kills a person by doing what he is allowed to do, such as traffic accidents, or when a person digging a hole where a man falls down and dies, or shooting for hunting and kills a man.