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

Book 47 · Issue 1 · Bab 1

Open in Qurani

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.