Islam Its Belief and Practices - Radical Truth

134 ISLAM ITS BELIEFS AND PRACTICES . SLAVERY AND PUNISHMENT 135
The murderer is excluded from being heir to the
murdered person.
(2) Qatal shibhu l-'Amd, or manslaughter. A
semblance of wilful murder when the
perpetrator strikes a man with something
which is neither a weapon nor
serves as such. Such a murder is held
to be sinful and to require expiation,
and it excludes the manslayer from
inheriting the property of the slain.
(3) Qat!u'l-Kha~ii, or Homicide by misadventure,
is of two kinds: error in intention,
and error in the act. The former is
where a person intends a particular
act, and another act is thereby occasioned
; e. g., a person shoots an arrow
at a mark and it hits a man. The
latter, on the other hand, is where the
mistake occurs not in the act, but with
respect to the subject; as where a person
shoots an arrow at a man supposing
him to be a game. Such a slayer is
required to free a Muslim slave, or
fast two months successively, and to
pay a fine within three years. He is
excluded from inheriting the property
of the slain.
(4) Qat! qii'im maqiimu'l-Kbatii, or HomiCide
of a similar nature to homicide by
misadventure, is where, for example. a
person walking in his sleep falls upon
another, so as to kill him by the fall.
It is subject to the same rules with
homicide by misadventure.
(5) Qat! ba-sabab, or Homicide by intermediate
cause, e. g., when a man digs a well, or
sets up a stone, and another falls into
the well, or over the stone, and dies.
In this case a fine must be paid, but it
does not exclude from inheritance, nor
does it require expiation.
Retaliations short of life are treated in the following
manner: If a person wilfully strike off the hand of another,
his hand is to be struck off in return (SUra 5: 49). If a
person strike off the foot of another, or cut off the nose,
retaliation is inflicted in return. If a person strike another
on the eye, so as to force the member, with its
vessels, out of the socket, there is no retaliation; it is
impossible to preserve a perfect equality in extracting an
eye. If, on the other hand, the eye remain in its place,
but the faculty of seeing be destroyed, retaliation is to be
inflicted, as in this caSe equality may be effected by
extinguishing the sight of the offender's corresponding
eye with a hot iron. Retaliation is not i11flicted in
the case of breaking any bones except teeth, because it
is impossible to observe an equality in other fractures.
If a person immerse another into water whence it is
impossible for him to escape by swimming, according to
Abu l;Ianifa, retaliation is not incurred.
Retaliation May be Commuted.
Retaliation may be commuted for a sum of money.
Where compensation is offered, it is desirable to accept.
The sum paid for the murdered person is a matter to be
settlE'd between the parties.