Is the intentional act (*amd*) of a minor or insane person subject to *aqilah* (blood-money responsibility)?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 1

Open in Qurani

Primary text

The intentional act of a minor or an insane person is considered an error (*khaṭa'*) for which the *aqilah* is responsible. This is because neither a minor nor an insane person possesses complete intent (*kamāl al-qaṣd*). Furthermore, this act results in a killing that does not necessitate retaliation (*qiṣāṣ*) due to the excuse (*ʿudhr*), thus resembling error and شبه العمد (*shibh al-ʿamd*, quasi-intentional killing). This distinguishes it from cases where the perpetrator is an adult.

Supporting text

Shafi'i, in one of his two opinions, holds that the *aqilah* does not bear responsibility because it is an intentional act for which they can be disciplined, similar to the intentional killing by a sane adult.