💯 Miscellaneous Benefits from Yemen
12 January 2023 • 2.6K views
BENEFIT 18: What happens when a child kills someone in the Sharī’ah?
Sheikh Ibn Baz rahimahullah said (paraphrasing):
If someone kills before reaching the age of accountability (At-Takleef), then there is nothing upon him, due to the statement of the Prophet ﷺ:
“The pen (of accountability) has been lifted from three; (1) the child until he reaches adulthood, (2) the insane until he regains sanity, and (3) the sleeping until he awakens.”
However, blood money (fidyah) must be payed by the عاقلة, if he has one, to the victim's family; عاقلة referring to the culprits عصبة (his male relatives from father's side, i.e. his paternal uncles and their children, his brothers and their children, etc., if they can afford to pay the blood money that is. As for him, then there is no expiation upon him because he is not Mukallaf - even if he did so intentionally; because the willful acts of children and the insane are deemed unintentional, and the blood money for unintentional killings is upon the عاقلة, as reported from the Prophet ﷺ.
The above ruling applies up until the child reaches adulthood; which occurs by one of three:
(1) growth of thick, coarse pubic hair
(2) presence of semen
(3) And if the above two signs have not yet appeared, he reaches adulthood when he becomes 15.
(*In addition to the above, girls reach adulthood when they begin menstruating)
And if the killing takes place after reaching adulthood, then there are two scenarios:
(1) if it was UNINTENTIONAL, the culprit must atone by freeing a slave if possible. If not, he must fast two consecutive months.
(2) if it was INTENTIONAL, he must pay blood money to the victim's family or face Qiṣāṣ (retributive justice, i.e. a life for a life).
Therefore, the victim's family have three options:
(a) accept blood money,
(b) seek retributive justice (Qiṣāṣ), or
(c) they can pardon the killer in hope for great reward from Allah (but this may not always be the best option - especially in the case of serial killers).
If they opt for blood money, the killer must pay it from his own wealth because he killed intentionally while being accountable. But there is no expiation upon him in this case. Expiation only applies in the case of intentional killing. However, he must offer sincere repentance for this awful crime.
Source:
https://binbaz.org.sa/fatwas/7502/%D8%AD%D9%83%D9%85-%D8%AD%D8%AC-%D9%85%D9%86-%D9%82%D8%AA%D9%84-%D9%86%D9%81%D8%B3%D8%A7-%D9%82%D8%A8%D9%84-%D8%A7%D9%84%D8%A8%D9%84%D9%88%D8%BA