Is capital punishment (Qisas) waived if the perpetrator commits murder while sane and then becomes insane?
General Chapter
Al-Mughni
Book of Wounds
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.