Is a Muslim murderer of a non-Muslim executed if the victim subsequently embraces Islam and then dies from the initial wound?
General Chapter
Al-Mughni
Book of Wounds
Primary text
If a Muslim injures a non-believer (*kafir*), and the injured party then embraces Islam and dies from the progression (*sarayah*) of the wound, the assailant is not executed. This is because equality (*takafu*) is absent at the time of the initial injury. Instead, the assailant owes the blood-money (*diyah*) of a Muslim because the assessment of the *arsh* (compensation for injury) is based on the state of the injury when it stabilizes. This is evidenced by the case where one severs a man's two hands and feet, and the injury progresses to cause death; only one full *diyah* is due, whereas two would be due if the state at the time of the initial cutting were considered.