What is the ruling if a person kills someone they believe to be an enemy combatant in enemy territory, but the victim turns out to be a Muslim?
General Chapter
Al-Mughni
Book of Wounds
Primary text
There is no dispute that killing someone in this manner is accidental homicide, which does not necessitate retribution (Qisas) because a Muslim was not intended to be killed, similar to mistaking a human for game. This view is held by Ibn Abbas, 'Ata, Mujahid, 'Ikrimah, Qatadah, Al-Awza'i, Al-Thawri, Abu Thawr, and Abu Hanifah. According to the text, only atonement (Kaffarah) is due. This is supported by the Quranic verse stating: "And if he was of a people with whom you have a treaty, yet he is a believer, then the freeing of a believing slave..." (Quran 4:92), which omits mention of blood money (Diyah) for this specific category.
Supporting text
There is a narration from Ahmad stating that both blood money (Diyah) and atonement (Kaffarah) are due. This is the position of Malik and Al-Shafi'i, based on the Quranic verse: "And whoever kills a believer accidentally, then [the penalty is] the freeing of a believing slave and a prescribed blood money [paid] to his family..." (Quran 4:92), and the Hadith stating, "Indeed, in the blood money for accidental killing of intentional homicide, there are one hundred camels." They argue that since a Muslim was killed by mistake, their blood money is due, just as if it occurred in the territory of Islam.