Is atonement (Kaffarah) obligatory for the intentional killing of a protected non-Muslim?

Chapter on Qasamah (Oaths regarding murder)

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 3

Open in Qurani

Primary text

Atonement is obligatory upon the intentional killing of a protected non-Muslim, encompassing both a Dhimmi (resident non-Muslim under protection) and a Musta'man (temporary visitor under truce). This view is held by the majority of scholars. The evidence for this obligation is the Quranic statement: "And if he was from a people with whom you have a treaty, then a compensating payment (diyyah) to his family and the freeing of a believing slave (tahrir raqabah mu'minah)." (Quran 4:92). A Dhimmi possesses a treaty (Mithaq), and this explicit statement (Mantuq) takes precedence over the argument from inference (Mafhum al-Khitab). Furthermore, the killed person is a human being unjustly slain, thus necessitating atonement just as in the case of a Muslim.

Supporting text

Al-Hasan and Malik hold that no atonement is due in this case. Their evidence is the verse concerning accidental killing: "And whoever kills a believer by mistake, then the freeing of a believing slave..." (Quran 4:92). The implication (Mafhum) of this verse suggests that there is no atonement for killing a non-believer.