Liability of the perpetrator's *aqilah* (blood relatives) when a non-Muslim inflicts an injury upon another non-Muslim, and the injurer subsequently converts to Islam before the victim dies from the wound.
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If a non-Muslim injures another non-Muslim, and the injurer subsequently embraces Islam, the *diya* for the death, or the *arsh* (monetary compensation for injury) if the injury has a prescribed compensation, is due from the injurer's *aqilah* from among the community of non-Muslims, provided the value of the injury (*arsh*) exceeds one-third of the full *diya*. Any amount exceeding the prescribed *arsh* is not borne by anyone other than the perpetrator's estate. If the *arsh* does not necessitate the *aqilah*'s assumption of liability, the entire *diya* rests upon the perpetrator.
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.