Is atonement (Kaffarah) obligatory upon a non-believer (Kafir) who causes death?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
Atonement is obligatory upon the non-believer who causes death, and it serves as a punishment upon him, similar to prescribed legal penalties (Hudud). This view is held by Al-Shafi'i.
Supporting text
Abu Hanifa holds that no atonement is due from the non-believer because atonement is a pure act of worship required by religious law, and thus it is not obligatory upon them, similar to prayer and fasting.