Unintentional Manslaughter in Islamic Jurisprudence: A Comparative Fiqh Study (Jarimat al-Qatl Ghayr al-Amd fi al-Fiqh al-Islami)

Abstract

In my research, I touched upon the crime of unintentional murder and the related rulings in Islamic jurisprudence, as it is a crime against a person that affects his life and physical safety, because the perpetrator in all cases leads to the loss of the victim's soul by his actions, and it is equal that death occurs as a result of an act A mistake without intending death, or as a result of an intentional act without intending to cause the result of death, meaning that the result of the victim’s death was a direct or indirect act, because the assault on the human soul takes multiple forms according to the intent of the perpetrator and the instrument used in the act. This is done through extrapolation of the Sharia texts.

Therefore, this research aims to uncover the ambiguity about unintentional killing and it is one of the differences in it to know its truth so as not to be mixed with premeditated or wrongful killing, so it was necessary to know its images and the difference between it and the mistake, with an explanation of the prohibition of assault on the infallible soul in Islam, and highlighting the rule of Sharia and its wisdom from the application Punishment for the perpetrator is to preserve the life and physical integrity of the people.