What is the ruling regarding 'Shibh al-'Amd' (Quasi-Intentional Homicide)?
General Chapter
Al-Mughni
Book of Wounds
Primary text
Quasi-intentional homicide (Shibh al-'Amd) is defined as striking someone with an object not usually lethal, such as a small stick, a small stone, jostling, or similar actions, where the intent was aggression or excessive discipline, but the result was death. Examples include striking with a whip, a staff, or a small stone. In this case, there is no Qisas, and the Diyah (blood money) is due from the killer's 'Aqilah (paternal relatives). This position is held by the majority of scholars. The justification for this classification is rooted in the Hadith where the Prophet, peace be upon him, ruled regarding a woman of Hudhayl who killed another with a stone, killing both the woman and her fetus: the Diyah for the fetus was an enslaved person (male or female), and the Diyah for the woman was placed upon her 'Aqilah. Furthermore, a Hadith states that the Diyah for quasi-intentional killing by a whip, stick, or stone is one hundred camels, and another narration states that the compensation for Shibh al-'Amd is weighty like intentional killing, but the perpetrator is not executed. Since this third category is established by Sunnah, and it does not incur Qisas, the Diyah is due from the 'Aqilah, just as in accidental killing.
Supporting text
Malik considered Shibh al-'Amd to be intentional homicide subject to Qisas because Islamic texts only mention intentional and accidental killing; adding a third category exceeds the clear texts. He argues that since the action was intentional, the result should be treated as intentional homicide. Abu Bakr from our school and Ibn Shibrimah hold that the Diyah should be paid from the killer's personal wealth because the act originated from an intentional injurious action, similar to other physical assaults.