What are the legal consequences for accidental homicide (Qatl al-Khatā')?

General Chapter

Al-Mughni

Book of Wounds

Book 47 · Issue 3 · Bab 1

Open in Qurani

Primary text

Accidental homicide occurs when one performs an action not intended to strike the deceased, but strikes and kills them, such as shooting at prey or a target and hitting a person instead. Scholars are unanimous that this constitutes accidental killing. The ruling is that the Diyah is due from the killer's 'Aqilah, and the Kaffarah (expiation) is due from the killer's personal wealth, without known dispute. The evidence for the obligation of Diyah and Kaffarah is the verse: {And whoever kills a believer accidentally, then [the atonement is] the freeing of a believing slave and a compensation payment [Diyah] delivered to his family, unless they remit it as charity} (Quran 4:92). This applies whether the victim is a Muslim or a protected non-Muslim with whom a pact exists, based on the subsequent part of the same verse. There is no Qisas in any form of accidental killing because God ordained Diyah but did not mention Qisas. This is supported by the Hadith: 'The unintentional, the forgotten, and that which they are coerced into are lifted from my Ummah.' Furthermore, Qisas is not imposed in quasi-intentional killing, so it is less likely to be imposed in pure accidental killing.

Supporting text

There is no scholarly difference of opinion regarding the requirement that Diyah be paid by the 'Aqilah and Kaffarah from the killer's wealth in this specific type of accidental killing, a consensus reported by Ibn al-Mundhir, agreed upon by scholars including Umar ibn Abd al-Aziz, Qatadah, Al-Nakha'i, Al-Zuhri, Ibn Shibrimah, Al-Thawri, Malik, Al-Shafi'i, and the People of Opinion.