Is homicide considered accidental if the perpetrator intends one unlawful killing but strikes and kills a different person?
General Chapter
Al-Mughni
Book of Wounds
Primary text
Homicide is accidental if one intends to kill an animal or an inviolable person but strikes and kills another. This is the position of Al-Shafi'i. Al-Mundhir stated that all scholars whose views are known agree that accidental killing occurs when an archer shoots at something and hits another. A divergent view, attributed to Abu Bakr, suggests this specific case is intentional homicide, mandating retribution (Qisas), because the person intended an unlawful act resulting in the killing of a human being.