What constitutes intentional homicide via striking with a sharp object (muhaddad)?

General Chapter

Al-Mughni

Book of Wounds

Book 47 · Issue 4 · Bab 1

Open in Qurani

Primary text

Intentional homicide occurs if one strikes another with a sharp object—that which cuts and enters the body, such as a sword, knife, or sharpened metal, stone, or glass—and inflicts a major wound resulting in death; there is no known disagreement on this among the scholars. If the wound is minor, such as a cupping scar or a prick from a needle or thorn, the ruling depends on the location. If the injury is inflicted upon a vital spot (maqtul) like the eye, heart, or temple, and death results, it is considered intentional homicide. If the penetration is deep into the body, it is treated like a major wound. If the injury is minor or shallow, and the victim dies later from the lingering effect (dhamn), there is retribution (qawad). If death occurs immediately, there are two views: one holds no retribution because it is presumed death resulted from something else, and the second mandates retribution because a sharp instrument does not require certainty of death for retribution to apply.

Supporting text

The opinion of some scholars aligns with Abu Hanifa, suggesting no retribution for minor penetrating injuries, contrasting with the view of Al-Kharqi, who did not differentiate between major and minor wounds when using a sharp object.