Is retaliation (Qisas) due if a Muslim who had his hand amputated for apostasy, then reverted to Islam and died, is subsequently murdered?
General Chapter
Al-Mughni
Book of Wounds
Primary text
Retaliation (Qisas) is obligatory for the murder of an individual who committed apostasy after a bodily limb was severed, provided he subsequently repented and died. This ruling is affirmed by Ahmad, as reported by Muhammad ibn al-Hakam. The justification is that the perpetrator was Muslim at the time of the fatal assault and at the time of death, thus making Qisas due, analogous to a situation where no apostasy occurred. The mere possibility of the prior amputation (committed during apostasy) causing the death (sarayah) does not negate the ruling because this possibility is uncertain; an established cause (the murder) cannot be abandoned due to an uncertain impediment. Full blood money (Diyyah) is due.
Supporting text
The view held by Al-Qadi suggests that if the injury sustained during the period of apostasy is the type that causes death (sarayah), then Qisas for the life is not due. Furthermore, concerning the limb that was severed during the period of apostasy, there are two differing opinions on whether Qisas is due for it. This aligns with the view of Al-Shafi'i, who argues that Qisas is contingent upon both the initial injury and its subsequent consequence (sarayah) occurring while the victim was in a state of recognized culpability, similar to a situation where two wounds were inflicted, one during Islam and one during apostasy.