Is capital punishment (Qisas) waived if the perpetrator commits murder while sane and then becomes insane?

General Chapter

Al-Mughni

Book of Wounds

Book 47 · Issue 1 · Bab 1

Open in Qurani

Primary text

Capital punishment (Qisas) is not waived for a sane murderer who subsequently becomes insane. This applies whether the commission of the act was established by clear evidence (bayyinah) or by his own admission (iqrar). Judgment is executed against him even during his state of insanity because his subsequent return (to sanity) is not accepted as grounds for reversal regarding the established verdict. He is subject to Qisas in his state of insanity.