What is the ruling on killing by starvation or dehydration due to confinement?

General Chapter

Al-Mughni

Book of Wounds

Book 47 · Issue 9 · Bab 1

Open in Qurani

Primary text

If a person is confined and deprived of food and water for a duration typically resulting in death, retribution (qawad) is due because this act usually causes death. The standard for the lethal duration must be considered based on environmental factors like extreme heat or cold, and the victim's condition. If the duration is generally considered lethal, retribution is mandatory. If the duration is typically not lethal, it is considered unintentional intentional killing (shibh al-amd). If there is doubt regarding whether the duration is lethal, retribution is not established because retribution is dropped in cases of doubt regarding the cause.