Upon whom does the fine (Diyyah) for quasi-intentional homicide (Shibh al-Amd) fall?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The consensus is that the ruling regarding the structure of the fine for quasi-intentional homicide is like that of intentional homicide, despite differences in scholarly روایت (narrations) and opinions. However, it differs from intentional homicide in two aspects. The primary difference is that the fine is incumbent upon the 'Aqilah (the male relatives responsible for blood money), according to the explicit position in the established madhhab. This view is held by Al-Sha'bi, Al-Nakha'i, Al-Hakam, Al-Shafi'i, Al-Thawri, Ishaq, the People of Opinion (Ahl al-Ra'y), and Ibn al-Mundhir. The evidence supporting this is the narration of Abu Hurayrah where the Messenger of Allah, peace be upon him, ruled that the Diyyah for a woman killed along with her unborn child, due to a stone thrown by a woman from Hudhayl, was to be paid by her 'Aqilah. This is because it is a type of killing that does not warrant retribution (Qisas), thus its Diyyah falls upon the 'Aqilah, similar to accidental killing. It differs from pure intentional homicide because the latter is aggravated in every aspect due to the intention to kill, whereas quasi-intentional homicide is aggravated by intending the act but not the killing, leading to the aggravation in the specified structure of the fine (teeth) and mitigation in that the 'Aqilah bears it and payment is deferred.
Supporting text
A dissenting opinion held by Ibn Sirin, Al-Zuhri, Al-Harith Al-'Ukli, Ibn Shubrumah, Qatadah, and Abu Thawr is that the fine rests upon the killer's personal wealth. This was favored by Abu Bakr 'Abd al-Aziz because it is a consequence of an intended act, which should not be borne by the 'Aqilah, like pure intentional homicide. Furthermore, it is an aggravated fine, resembling that of intentional homicide. This latter view aligns with the school of Malik, as he considers quasi-intentional homicide to be in the category of intentional homicide.