Execution of pre-existing retribution (Qisas) upon an insane person who committed a capital crime
General Chapter
Al-Mughni
Book of the Apostate
Primary text
If retribution (Qisas) was obligatory upon an individual before they became insane, the retribution is still carried out (i.e., the execution proceeds). This is because Qisas is not nullified due to a cause originating from the obligated party, whereas apostasy invalidates the penalty due to the possibility of returning to the faith. Furthermore, Qisas is only waived due to a cause related to the right holder (the victim or heir), analogous to the situation where the recipient of Qisas becomes insane; in that case, execution is suspended during the period of insanity.