Upon whom is retribution not obligatory due to lack of legal capacity?

General Chapter

Al-Mughni

Book of Wounds

Book 47 · Issue 4 · Bab 1

Open in Qurani

Primary text

Retribution is not obligatory upon a minor (Sabiyy) or an insane person (Majnun). This exemption extends to everyone whose intellect is temporarily absent due to a legitimate excuse, such as someone sleeping (Na'im) or unconscious (Mughma 'Alayh). The foundational evidence for this is the Prophet's saying: 'The pen has been lifted from three: the child until he reaches puberty, the sleeper until he awakens, and the insane person until he recovers.' Furthermore, Qisas is a severe punishment, and thus it is not incumbent upon a minor or someone lacking intellect, similar to Hadd punishments. They also lack sound intent, thus they are treated like someone who caused death by mistake (Khata').