Does the 'Aqilah bear responsibility for blood money resulting from intentional homicide (Qatl al-'Amd)?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
There is no dispute that the 'Aqilah does not bear the blood money where Qisas (retaliation) is obligatory. Furthermore, the majority of scholars hold that the 'Aqilah never bears responsibility for intentional homicide in any case. The justification is the prophetic report transmitted via Ibn Abbas mentioned previously. Additionally, intentional homicide is a crime where the perpetrator is not excused, so he is not entitled to relief or communal assistance. This distinguishes it from accidental killing, where the 'Aqilah bears responsibility as a form of relief and solidarity for the excused perpetrator.
Supporting text
It is reported from Malik that the 'Aqilah bears the responsibility for injuries resulting from intentional acts for which Qisas is not mandated, such as the 'Ma'muma' (a head wound reaching the brain) or 'Ja'ifa' (a deep, penetrating wound), based on the analogy that these are intentional injuries without Qisas, similar to accidental injury. This argument is refuted because the killing of a father by his son, where there is no Qisas, is also not borne by the 'Aqilah.