murder, deliberate killing (الْقَتْلُ الْعَمْدُ)

murder, deliberate killing (الْقَتْلُ الْعَمْدُ)


الفقه أصول الفقه

التعريف :


Killing intended to terminate life, using a tool or means which causes death in most cases.

المعنى الاصطلاحي :


It is when an assailant seeks to kill someone while being aware of the inviolability of his blood by something that will most likely cause his death.

الشرح المختصر :


"Qatl al-‘amd" (homicide) is killing that contain an action of killing, like slaughtering or hitting, is coupled with the intention of killing. For intentional killing to entail reciprocal punishment, three conditions must be met: 1. To intend to perform a harmful act. 2. To intend to perform this harmful act against a living, inviolable human being. By inviolable, the jurists mean someone whose blood is protected by virtue of being a Muslim or by a guarantee of protection or a covenant. 3. This harmful act must be performed with a tool that is typically fatal, such as a sword, a large stone, and the like. Some examples of this: when someone attacks another with a sharp weapon like a sword or knife, throws him from a high place like a mountain, strangles him, and so on.