Killing in a Struggle: Between Intentional and Quasi-Intentional
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah inform you, two people got into a struggle, and one of them killed the other during the struggle in the hand, so is this intentional or quasi-intentional?
The Shaykh:
We have mentioned this before. We said that if one intends to strike a vital part of the body and the person dies, this is considered intentional. But if he did not intend to strike a vital part of the body, this is considered quasi-intentional. Yes. What? Since he did not intend it, if he did not know, then he did not intend it. Even if he struck a vital part, it becomes accidental. Yes.
The presenter:
All right.
The Shaykh:
Yes, that is correct, unless it is established against him that he was intentional. If it is established against him by witnesses that he was intentional, yes.
Honorable Shaykh, may Allah inform you, two people got into a struggle, and one of them killed the other during the struggle in the hand, so is this intentional or quasi-intentional?
The Shaykh:
We have mentioned this before. We said that if one intends to strike a vital part of the body and the person dies, this is considered intentional. But if he did not intend to strike a vital part of the body, this is considered quasi-intentional. Yes. What? Since he did not intend it, if he did not know, then he did not intend it. Even if he struck a vital part, it becomes accidental. Yes.
The presenter:
All right.
The Shaykh:
Yes, that is correct, unless it is established against him that he was intentional. If it is established against him by witnesses that he was intentional, yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 70 من 89|شرح العدة في شرح العمدة|كتاب الجنايات|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:05:06)
The Arabic text is a machine transcription of the audio recording.