Ruling 2795 — Inheritance (Irth)

If a person kills one of his relatives intentionally (ʿamdan) and unjustly, he does not inherit from him. However, if the killing was justified – for example, it was a retributory punishment (qiṣāṣ) [as sanctioned by a judge], or the legal execution of a punishment, or in self-defence – then he does inherit from him. The same applies if the killing was due to some error. For example, if he threw a stone in the air and by chance it hit one of his relatives and killed him, he inherits from him; however, he does not inherit from the blood money (diyah) that his relatives pay for the killing. As for manslaughter – i.e. killing someone without intending to, by intentionally doing something to the person that would not usually result in death – this does not prevent him from inheriting, but he does not have a share in the blood money that he must pay to the heirs.
#inheritance_irth#killing_as_a_bar_to_inheritance#diyah_blood_money#ارث#قتل_مانع_ارث#دیه
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