Quasi Intentional Homicide   

Section 7.              Quasi Intentional Homicide    

Criminal homicide constitutes Quasi Intentional Homicide when:

1. The actor directly or indirectly terminates the life of a human being; and
2. The actor desired or was aware that his act or omission was likely to cause harm to a human being; and
3. The actor neither desired nor was aware that death was a likely consequence of his act or omission.

Section 7.1           Quasi Intentional Homicide punishment

The punishment for Quasi intentional homicide is:

1. Diya of an amount of not less than….and not exceeding …….
2. The court may also impose Ta’zir punishment of a fine not less than… and not exceeding … and/or imprisonment for a term not less than ….and not exceeding …

Explanatory Notes

Section 7., Quasi Intentional Homicide is based on hadith {the Messenger of Allah said: “Indeed, the mistake in intention killing, the killing with a whip, stick or stone, for it (the Diya) is one hundred camels – a severe penalty – of which forty should be (she-camels) with their young in their wombs.”} Sunan an-Nasa’i No.4795.

Section 7.1 lists the mandatory punishments for Quasi Intentional Homicide of Diya and kaffarah. The kaffarah is to free a slave (which is not viable option nowadays), or alternatively the offender’s fasting for two consecutive months, which cannot be monitored by the State. Accordingly, only Diya punishment can be imposed. Diya in quasi intentional homicide must be much heavier than Diya in Mistake killing. The State may also impose Ta’zir punishment of imprisonment if Diya is not sufficient to deter the offender from reoffending e.g. the offender is so wealthy that paying Diya does not constitute a serious punishment for him.