What is the ruling regarding the intentional killing of a person of equal status by an apostate (Murtadd)?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
If an apostate intentionally kills a person of equal status, retaliation (Qisas) is incumbent. The guardian (Wali) has the choice between demanding execution or pardoning the apostate. If the guardian chooses execution, it precedes the execution for apostasy, regardless of whether the apostasy occurred before or after the homicide, because Qisas is a right belonging to a human being. If the guardian pardons the killing in exchange for compensation, the blood money (Diyah) is due from the apostate's wealth.
Supporting text
If the killing was accidental, the Diyah is due from the apostate's wealth because he has no 'Aqilah (tribe responsible for paying accidental manslaughter compensation). The payment of this accidental Diyah is due immediately, not in installments over three years, because the deferment is only for the 'Aqilah as a means of relief; for the direct perpetrator, the payment is immediate as it is a substitute for a damaged life.