Is the house owner liable for injury caused by striking an unauthorized peek-through intruder?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
The house owner incurs no liability if they strike an intruder peering through a hole, door crack, or similar opening, causing loss of an eye. This is the view of Al-Shafi'i. The justification rests on the saying of the Messenger of Allah (peace be upon him): "If a man looks into your house without permission, and you strike him with a pebble and burst his eye, you bear no blame." Another supporting narration states that the Prophet (peace be upon him) told an eavesdropper, "If I knew you were looking, I would have struck you with this [tool] in your eye." This ruling differs from cases of entry because the peeper is seen without their knowledge, whereas an intruder inside the house is known and can be warned. The literal meaning of the narration dictates that the action is permissible without considering if other means of deterrence exist.
Supporting text
Abu Hanifa maintains liability, arguing that if the intruder had entered or committed an act less than sexual assault, blinding them would not be permissible, thus looking should also not warrant such harm. Ibn Hamid stipulates that the defender must use the mildest means possible, beginning with telling the person to leave, then signaling a warning shot, and only then resorting to striking them.