Quasi deliberate intent (شِبْهُ العَمْدِ)

Quasi deliberate intent (شِبْهُ العَمْدِ)


أصول الفقه

المعنى الاصطلاحي :


An intention to hit someone wrongfully with a tool that does not often kills, but the killing occurs.

الشرح المختصر :


"Shibh al-‘amd" (Quasi deliberate intent): it is when a person does something that externally resembles what is actually intended. It includes manslaughter wherein there was quasi deliberate intent, which is when a person deliberately assaults another with a tool that does not usually kill, such as a cane or a whip or the like, but that assault leads to killing him. It is also called "‘amd al-khata" (mistaken deliberate), or "khata al-‘amd" (deliberate mistaken); due to the combination of both deliberation and mistake, because he intended the action but killed by mistake.