What options does the Imam have when an abandoned infant is a victim of intentional homicide?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
If the intentional homicide was purely deliberate, the Imam has the discretion to either enforce retaliation (Qisas) if he deems it more beneficial for the abandoned infants, or to grant amnesty in exchange for financial compensation. This view is held by Al-Shafi'i, Ibn al-Mundhir, and Abu Hanifa, although Abu Hanifa specifies the choice between Qisas and reconciliation (Musalha). The basis for the Imam's authority stems from the prophetic saying: 'The Sultan is the guardian of one who has no guardian.'