What is the mandatory consequence (*mujib*) for intentional homicide (*qatl al-'amd*)?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
There is a disagreement regarding the mandatory consequence of intentional homicide. One report from Ahmad states that the consequence is strictly retribution (*qisas*) in kind. This is supported by the saying of the Prophet, peace be upon him: "Whoever kills intentionally, then for him is retaliation (qawad)." Another report states that the consequence is one of two things: either retribution (*qisas*) or blood money (*diyya*). This view posits that *diyya* is one of the two substitutes for life, thus it is a substitute for the life itself, unlike the other substitute, *qisas*. Furthermore, intentional killing is unique among destructive acts because its consequence is differentiated by intention, unlike other forms of damage.
Supporting text
The view that the consequence is strictly retribution (*qisas*) allows the killer to pardon the retribution entirely, resulting in no payment due, or to pardon it in exchange for blood money (*diyya*). Some scholars assert that if retribution is waived, *diyya* becomes obligatory to prevent the shedding of blood from being in vain. However, this assertion is refuted by noting that if one has already waived *diyya* after it became obligatory, the waiver is valid, but if one waives *qisas* without receiving monetary compensation, nothing is due. If one waives *diyya* before it is due, the waiver is invalid.