What is the ruling regarding killing by asphyxiation (strangulation)?
General Chapter
Al-Mughni
Book of Wounds
Primary text
Homicide by preventing self-exhalation is divided into two types. If the person is hanged from a beam (khiraatah) until death, it is intentional homicide regardless of the time taken, as this is the most explicit form of strangulation commonly used by rulers against criminals. If strangulation occurs while the victim is on the ground using hands, a cloth, or choking them with a pillow, if the duration used is typically lethal, it constitutes intentional homicide requiring retribution, a view held by Umar bin Abdul Aziz, An-Nakh'i, and Ash-Shafi'i. If the duration is not typically lethal but death occurs, it is unintentional intentional killing (shibh al-amd), unless the duration was very brief and not thought to be lethal, in which case no guarantee is due.
Supporting text
If the strangulation leaves the victim suffering and they subsequently die from the residual effect, retribution is due, similar to the lingering effect of a wound. However, if the victim recovers breathing and then dies, no retribution is due, as the death is presumed not to be from the original act.