Is compensation (*Jazaa'*) obligatory upon a person in the state of Ihram for intentionally killing game?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
Compensation is obligatory upon a person in the state of Ihram for intentionally killing game. Scholars are in unanimous agreement on this obligation. This is explicitly stated by Allah the Almighty: "O you who have believed, do not kill game while you are pilgrims. And whoever kills it intentionally, then there is compensation of the like of what he killed from livestock..." (Quran 5:95). Furthermore, the continuation of the verse states that this is so that the doer may taste the consequence of his deed, implying a penalty for the intentional act, excluding the mistaken or forgetful person from this punishment.
Supporting text
Al-Hasan and Mujahid held the view that if a pilgrim kills game intentionally while fully aware of his state of Ihram, there is no compensation due. Compensation is only due if the killing was accidental or due to forgetfulness of the Ihram state. This view contradicts the clear text of the verse which specifies the penalty for the intentional act.