Liability when a Muslim inflicts an injury upon another, and the injurer subsequently apostatizes before the victim dies.

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 4 · Bab 1

Open in Qurani

Primary text

The ruling is the same as when a non-Muslim injures another non-Muslim and converts, meaning the liability for the *arsh* or *diya* follows the analysis regarding the *aqilah*'s responsibility based on the value of the injury relative to the full *diya*.

Supporting text

There is an alternative view suggesting the entire *diya* should be borne by the *aqilah* in both cases (conversion after injury, or apostasy after injury in the case of a Muslim), because the injurious act occurred when the person was one whose *aqilah* would normally bear the liability for his manslaughter, as retribution (*qisas*) would have been mandatory if the act was intentional. Another potential view suggests the *aqilah* bears nothing, because the required compensation (*arsh*) is only established upon the healing of the wound or its subsequent aggravation.