Is a Muslim legally responsible for homicide if he injures a Dhimmi, then apostatizes and the injured party dies?

General Chapter

Al-Mughni

Book of Wounds

Book 47 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a Muslim injures a Dhimmi (protected non-Muslim subject), then apostatizes, and the injured Dhimmi subsequently dies, the apostate is not executed for the injury. This is because equality (*takafu'*) in status is a prerequisite at the moment the injurious act occurs, and that prerequisite was absent in this scenario.