CRIME, ITS CLASSIFICATION

& PUNISHMENT IN ISLAMIC

CRIMINAL LAW
FSL
 DEFINITION OF CRIME

• CRIME – AL-JINAYAH (‫ )ا لجناية‬OR AL-JARIMAH (‫)ا لجريمة‬

• CRIME IN ISLAMIC SHARIAH CONSISTS OF LEGAL PROHIBITIONS IMPOSED BY ALLAH,
WHOSE INFRINGEMENT ENTAILS PUNISHMENT PRESCRIBED BY HIM.
• LEGAL PROHIBITION MEANS COMMISSION OF FORBIDDEN ACT OR OMISSION OF AN ACT
ENJOINED.
• CRIME IN SHARIAH IS IDENTICAL WITH CRIME IN CIVIL LAW, WHICH ALSO DEFINES IT AS
THE COMMISSION OF AN ACT DECLARED WRONGFUL, OR OMISSION OF AN ACT ENJOINED.
• MERRIAM-WEBSTER – CRIME IS AN ACT OR THE COMMISSION OF AN ACT THAT IS
FORBIDDEN OR THE OMISSION OF A DUTY THAT IS COMMANDED BY A PUBLIC LAW & THAT
MAKES THE OFFENDER LIABLE TO PUNISHMENT BY THAT LAW…
 DEFINITION OF CRIME

• CRIME – AL-JARIMAH.
• TECHNICALLY, JARIMAH REFERS TO PROHIBITION IMPOSED BY ALLAH, THE
VIOLATION WHICH GIVES RISE TO PUNISHMENTS KNOWN IN ARABIC AS
‘UQUBAT’ (‫)ا لعقوبة‬. THE PUNISHMENTS TAKE THE FORMS OF HADD, QISAS & TA’ZIR.
• THUS, CRIME MAY BE DEFINED AS THE LEGAL PROHIBITION IMPOSED BY ALLAH,
VIOLATION OF WHICH IS PUNISHABLE BY HADD, QISAS & TA’ZIR.
• THIS SHOWS THAT FOR ANYONE WHO COMMITS A CRIME, THE LAW WILL GRANT
A REMEDY BY WAY OF PUNISHMENT.
 DEFINITION OF CRIME

• CRIME & ITS PUNISHMENT DIVERT HUMAN ATTENTION TO THE FEAR OF ALLAH &
THE FEAR OF THE DAY OF JUDGMENT, WHICH PROVE MORE EFFECTIVE IN
PURIFYING THE MIND OF THE CRIMINAL & EDUCATING HIM THAN ANY OTHER
KNOWN METHOD.
• CRIMES WHICH INJURE OR INFLICT WOUNDS ON OTHER INDIVIDUALS ARE
OPPRESSIVE TO HUMAN BEINGS & OFFENSIVE TO THE CREATOR.
 DEFINITION OF CRIME

• IN ALL CRIMES, THE RIGHT OF ALLAH & THE RIGHT OF THE INDIVIDUAL ARE
INFRINGED BECAUSE THE PERPETRATORS OF SUCH CRIMES ARE OFFENDERS TO
BOTH.
• HOWEVER, IN SOME CASES OF CRIME, THE RIGHT OF THE INDIVIDUAL IS
DOMINANT & IN SOME, THE RIGHT OF ALLAH IS MORE CONSPICUOUS
(NOTICEABLE)
• WHERE THE RIGHT OF ALLAH IS DOMINANT, THE PUNISHMENT IS CALLED HADD.
• WHERE THE RIGHT OF THE INDIVIDUAL IS DOMINANT, THE PUNISHMENT IS
CALLED QISAS.
 CLASSIFICATION

• “CLASSIFICATION” IS A SYSTEMATIC ARRANGEMENT IN GROUPS OR CATEGORIES

ACCORDING TO ESTABLISHED CRITERIA (MERRIAM-WEBSTER)
• EVERY LEGAL SYSTEM HAS ITS OWN CLASSIFICATION WITH THE PURPOSE OF
ARRANGING EVERY TYPE OF CRIME THAT HAS BEEN IMPOSED:
TO ENABLE THE ADMINISTRATION OF THE CRIMINAL JUSTICE SYSTEM,
FOR DETERMINING THE JURISDICTION OF THE COURT,
OR THE TYPE OF PUNISHMENT TO BE IMPOSED.
 CLASSIFICATION

• IN PROF MOHAIMIN’S PAPER:

• CLASSIFICATION OF COMMON LAW CRIMES
• CLASSIFICATION OF CRIMES IN BRUNEI LEGAL SYSTEM
• CLASSIFICATION OF CRIMES IN CIVIL & SHARIAH COURTS
• CLASSIFICATION OF CRIMES TRADITIONALLY
• CLASSIFICATION OF CRIMES IN THE CONTEXT OF MAQASID SHAR’IYYAH
• CLASSIFICATION OF CRIMES BASED ON THE RIGHTS OF ALLAH & THE RIGHTS OF INDIVIDUALS.
• CLASSIFICATION OF CRIMES IN SHARIAH & ITS PUNISHMENTS
CLASSIFICATION OF CRIMES TRADITIONALLY

Maqasid
shari’ah
The classification Crimes
can be looked with an
into several impact on
contexts: social life
& other
crimes
Punishmen
ts
CLASSIFICATION OF CRIMES IN THE CONTEXT
OF MAQASID AL-SHARI’AH
Maqasid al-Shari’ah
‫مقاصد الشريعة‬

Daruriyyat Hajiyyat Tahsiniyyat

‫ضروريات‬ ‫حاجيات‬ ‫تحسينيات‬
 Hajiyyat (The Tahsiniyyat
Daruriyyat (The
complementary (The
essentials)
interests) embellishments)

Religion & Improvement

Supplement
worldly affairs & attainment
the five
of the people of that which is
essentials
depend upon desirable
Neglect of
Neglect will lead to Neglect leads to tahsiniyyat may not
total disruption & hardship of the interrupt the normal
disorder & could lead individual or life, but it might lead
to an undesirable end community to the lack of comfort
in life
Dispensations or legal
Examples: excuses (rukhsah) in Observing cleanliness
Religion, life, regards to ibadah for in personal
travellers & the sick, appearance, in ibadah,
lineage, mind & travellers are allowed to moral virtues, avoiding
property combine & shorten their
5 prayers
extravagances
MEANING OF DARURIYYAT (THE ESSENTIALS)

• DARURIYYAT ARE MATTERS ON WHICH RELIGION & WORLDLY AFFAIRS OF THE

PEOPLE DEPEND UPON.
• THEIR NEGLECT WILL LEAD TO TOTAL DISRUPTION & DISORDER & COULD LEAD
TO AN UNDESIRABLE END.
• THEREFORE, IT MUST BE PROTECTED & ALL MEASURES TO ENSURE ITS
PROTECTION MUST BE TAKEN.
 CLASSIFICATION OF CRIMES IN THE CONTEXT
OF MAQASID AL-SHARI’AH
Maqasid al-shari’ah
‫مقاصد الشريعة‬

Daruriyyat Hajiyyat Tahsiniyyat

‫ضروريات‬ ‫حاجيات‬ ‫تحسينيات‬

Dignity or
Religion Life Mind Property
lineage
‫الدين‬ ‫النفس‬ ‫العقل‬ ‫النسب‬ ‫المال‬
CLASSIFICATION OF CRIMES IN THE CONTEXT
OF MAQASID AL-SHARI’AH
• ISLAMIC CRIMINAL LAW AIMS AS:

Deterrence Prevention Retribution

Rehabilitation
(Pencegahan (Perlindungan (Hukuman &
(Pemulihan)
) ) balasan)
 MEANING OF HAJIYYAT
(THE COMPLEMENTARY INTERESTS)
• HAJIYYAT ON THE WHOLE SUPPLEMENT THE FIVE ESSENTIALS.
• HAJIYYAT MEMPERLENGKAPKAN AL-DARURIYYAT AL-KHAMSAH. IA BERKAITAN DENGAN
KEPERLUAN UMUM, TETAPI TIDAK SAMPAI KE TAHAP DARURAT ATAU KE TAHAP YANG AMAT
DIPERLUKAN BAGI SURVIVAL ISLAM & UMATNYA.
• HAJIYYAT BERTUJUAN UNTUK MENGELAKKAN ATAU MENGURANGKAN KESUKARAN &
KESULITAN UMAT ISLAM DLM KEHIDUPAN HARIAN DGN MEMPERUNTUKKAN KEMUDAHAN
TERTENTU.
• IT REFERS TO THOSE INTERESTS WHOSE NEGLECT LEADS TO HARDSHIP OF THE INDIVIDUAL
OR COMMUNITY ALTHOUGH IT DOES NOT LEAD TO THE TOTAL DISRUPTION OF NORMAL LIFE.
• IT RELATES TO SOCIAL NEEDS BUT NOT TO THE LEVEL OF ESSENTIALS OR FOR SURVIVAL OF
ISLAM & MANKIND.
• EG. DISPENSATIONS OR LEGAL EXCUSES (RUKHSAH) IN REGARDS TO IBADAH FOR TRAVELLERS
& THE SICK, TRAVELLERS ARE ALLOWED TO COMBINE & SHORTEN THEIR 5 PRAYERS, ETC.
 MEANING OF TAHSINIYYAT (THE
EMBELLISHMENTS)
• THIS REFERS TO INTERESTS WHOSE REALIZATION LEADS TO THE
IMPROVEMENT & ATTAINMENT OF THAT WHICH IS DESIRABLE.
• TAHSINIYYAT MERUJUK KEPADA PERKARA-PERKARA & AMALAN-AMALAN BAIK
YANG MERUPAKAN TAMBAHAN KEPADA AL-DARURIYYAT AL-KHAMSAH &
HAJIYYAT.
• EG. OBSERVING CLEANLINESS IN PERSONAL APPEARANCE, IN IBADAH, MORAL
VIRTUES, AVOIDING EXTRAVAGANCES, ETC.
• THE DISAPPEARANCE OF TAHSINIYYAT MAY NOT INTERRUPT THE NORMAL LIFE,
BUT IT MIGHT LEAD TO THE LACK OF COMFORT IN LIFE.
CLASSIFICATION OF CRIMES

Crimes with • Hudud

an impact
on social • Qisas &
life diyat

Other
crimes
• Ta’zir
CLASSIFICATION OF CRIMES WITH AN IMPACT
ON SOCIAL LIFE
Crimes with an impact
on social life

Crimes affecting
Crimes affecting social life consists
social existence of offences
comprise offences involving qisas
liable to hudud (retaliation) & diyat
(blood money)
CLASSIFICATION OF CRIMES WITH AN IMPACT
ON SOCIAL LIFE - HUDUD
• HUDUD IS THE PLURAL FORM OF HADD MEANING PREVENTION, RESTRAINT,
OBSTRUCTION, HINDRANCE & PROHIBITION.
• S. 52 SPCO, 2013
• HAD IS ALSO DEFINED AS THE PUNISHMENT PRESCRIBED AS THE RIGHT OF ALLAH.
• WHAT IS MEANT BY ‘PRESCRIBED AS THE RIGHT OF ALLAH?’
• IT MEANS THAT THE INDIVIDUALS & THE PUBLIC CANNOT ANNUL IT.
• THE COURT IS ALSO NOT EMPOWERED TO MAKE ANY CHANGES IN THEM.
CLASSIFICATION OF CRIMES WITH AN IMPACT
ON SOCIAL LIFE - HUDUD
• PUNISHMENT IS TREATED AS THE RIGHT OF ALLAH IN CONSIDERATION OF THE
DEMANDS OF PUBLIC INTEREST WHICH IMPLIES THAT THE PEOPLE SHOULD BE
PROTECTED FROM BREACH OF PEACE & THEIR SAFETY & SECURITY IS
ENSURED.
• ANY OFFENCE THAT DOES HARM PEOPLE & THE PUNISHMENT BENEFITS THEM,
THE PUNISHMENT MUST BE TREATED AS THE RIGHT OF ALLAH.
• SUCH PUNISHMENT IS NOT AMENDABLE TO INVALIDATION BY THE INDIVIDUALS
OR THE SOCIETY.
CLASSIFICATION OF CRIMES WITH AN IMPACT
ON SOCIAL LIFE - HUDUD
• HENCE, WHOEVER IS GUILTY OF CRIMES UNDER HUDUD SHALL BE PUNISHED
WITH THE CORRESPONDING PUNISHMENT.
• THE JUDGE OR PERSON IN AUTHORITY SHALL HAVE NO POWER TO FORGIVE THE
CRIME OR REMIT (STOP) THE PUNISHMENT.
• AS TO HUDUD OFFENCES, SHARIAH FOCUSES ITS ATTENTION ON SAFEGUARDING
THE SOCIETY AGAINST CRIME IN TOTAL DISREGARD OF THE OFFENDER’S
PERSON.
CLASSIFICATION OF CRIMES WITH AN IMPACT
ON SOCIAL LIFE - HUDUD
• THE REASON FOR SUCH STRICT PUNISHMENTS IS THAT THEY ARE IMMENSELY
GRAVE & DANGEROUS.
• ANY LAXITY (LENIENCY) IN DEALING THEM WOULD LEAD TO DECADENCE
(EVIL/CORRUPTION), DISORDER & DISCONTENT IN THE SOCIETY.
• S. 52 (1) OF SYARIAH PENAL CODE ORDER, 2013
CLASSIFICATION OF CRIMES WITH AN IMPACT
ON SOCIAL LIFE - HUDUD
• THE CRIMES INVOLVING HUDUD ARE:
• ADULTERY ‫ا لزنا‬,
• FALSE ALLEGATION OF ADULTERY‫ ا لقذف‬,
• DRINKING ‫ب لخمر‬
‫ش ر ا‬,
• THEFT ‫ ا لسرقة‬,
• ROBBERY ‫ ا لحرابة‬,
• APOSTASY ‫ا لردة‬
• REBELLION ‫ا لبغ اة‬
 Adultery
‫ا لزنا‬
False
Rebellion allegation
‫ا لبغ اة‬ of adultery
‫ا لقذف‬

Hudu
Apostasy d ‫ح دود‬ Drinking
‫ا لردة‬ ‫ب لخمر‬
‫شر ا‬

Robbery Theft
‫ا لحرابة‬ ‫ا لسرقة‬
CLASSIFICATION OF CRIMES WITH AN IMPACT
ON SOCIAL LIFE – QISAS & DIYAT
• S. 118, 119 SPCO, 2013.
• MURDER IS ONE OF THE GREATEST CRIME KNOWN TO HUMAN SOCIETY.
• MURDER IS LOOKED UPON BY ALLAH & HIS MESSENGER WITH UTTER DISGUST.
• IN ISLAMIC LAW, THE PUNISHMENT PRESCRIBED FOR INTENTIONAL MURDER &
THE INFLICTION OF INJURY IS QISAS.
• AMONG THE FEATURES OF PRE-ISLAMIC ARABIA IS THE CONCEPT OF REVENGE
FOR HOMICIDE. BUT REVENGE WAS NOT ONLY AGAINST THE MURDERER BUT
ALSO AGAINST ANY OF HIS FELLOW-TRIBESMEN. THIS PRE-ISLAMIC CUSTOM OF
REVENGE WAS ALTERED TO ISLAMIC LAW OF QISAS.
CLASSIFICATION OF CRIMES WITH AN IMPACT
ON SOCIAL LIFE – QISAS & DIYAT
• QISAS SIGNIFIES RETALIATION BY SLAYING FOR SLAYING, WOUNDING FOR
WOUNDING & MUTILATING FOR MUTILATING, ETC.
• QISAS IS DIVIDED INTO TWO CATEGORIES NAMELY QISAS FOR MURDER & QISAS
FOR WOUNDS OR INJURY.
• THESE PUNISHMENTS HAVE BEEN PRESCRIBED AS RIGHTS OF INDIVIDUALS
WHICH CAN BE REMITTED (PARDONED) OR ALTERED BY THE VICTIM OR HIS
LEGAL HEIRS.
• THE CRIMES ARE INTENTIONAL MURDER, QUASI-INTENTIONAL MURDER,
MURDER AS A RESULT OF MISTAKE, HURTS.
CLASSIFICATION OF CRIMES WITH AN IMPACT
ON SOCIAL LIFE – QISAS & DIYAT

Qisas originates from the Holy Quran where it is stated in al-

Baqarah (2: 178)
CLASSIFICATION OF CRIMES WITH AN IMPACT
ON SOCIAL LIFE – QISAS & DIYAT
• “O YOU WHO HAVE BELIEVED, PRESCRIBED FOR YOU IS LEGAL RETRIBUTION
FOR THOSE MURDERED - THE FREE FOR THE FREE, THE SLAVE FOR THE SLAVE,
AND THE FEMALE FOR THE FEMALE. BUT WHOEVER OVERLOOKS FROM HIS
BROTHER ANYTHING, THEN THERE SHOULD BE A SUITABLE FOLLOW-UP AND
PAYMENT TO HIM WITH GOOD CONDUCT. THIS IS AN ALLEVIATION FROM YOUR
LORD AND A MERCY. BUT WHOEVER TRANSGRESSES AFTER THAT WILL HAVE A
PAINFUL PUNISHMENT.”
 ‫‪CLASSIFICATION OF CRIMES WITH AN IMPACT‬‬
‫‪ON SOCIAL LIFE – QISAS & DIYAT‬‬

‫)‪• AL-MAIDAH: (5:45‬‬

‫ف‪َ  ‬واُأْل ُذ َن بِاُأْل ُذ ِن َوال ِّس َّن بِال ِّس ِّن لَهُ‬
‫ف بِاَأْل ْن ِ‬
‫س َو ْال َعي َْن بِ ْال َعي ِْن َواَأْل ْن َ‬ ‫س بِالنَّ ْف ِ‬ ‫َو َكتَ ْبنَا َعلَ ْي ِه ْم ِفيهَا َأ َّن النَّ ْف َ‬
‫ق بِ ِه فَهُ َو َكفَّا َرةٌ‬ ‫صاصٌ ۚ فَ َم ْن تَ َ‬
‫ص َّد َ‬ ‫ُوح ِق َ‬‫ون َو ْال ُجر َ‬ ‫ك هُ ُم الظَّالِ ُم َ‬ ‫ۚ َو َم ْن لَ ْم يَحْ ُك ْم بِ َما َأ ْن َز َل هَّللا ُ فَُأو ٰلَِئ َ‬
CLASSIFICATION OF CRIMES WITH AN IMPACT
ON SOCIAL LIFE – QISAS & DIYAT

AND WE ORDAINED FOR THEM THEREIN A LIFE FOR A LIFE, AN EYE FOR AN EYE, A
NOSE FOR A NOSE, AN EAR FOR AN EAR, A TOOTH FOR A TOOTH, AND FOR WOUNDS
IS LEGAL RETRIBUTION. BUT WHOEVER GIVES [UP HIS RIGHT AS] CHARITY, IT IS AN
EXPIATION FOR HIM. AND WHOEVER DOES NOT JUDGE BY WHAT ALLAH HAS
REVEALED – THEN IT IS THOSE WHO ARE THE WRONGDOERS.
CLASSIFICATION OF CRIMES WITH AN IMPACT
ON SOCIAL LIFE – QISAS & DIYAT

َ ‫ْرف فِّي ْالقَ ْت ِل ِإنَّهُ َك‬

‫ان‬ ِ ‫طانًا فَاَل يُس‬ ْ ‫ق َو َمن قُتِ َل َم‬
َ ‫ظلُو ًما فَقَ ْد َج َع ْلنَا ِل َو ِليِّ ِه س ُْل‬ ِّ ‫س الَّتِي َح َّر َم هَّللا ُ ِإاَّل بِ ْال َح‬
َ ‫َواَل تَ ْقتُلُوا النَّ ْف‬
‫َمنصُو ًرا‬
AL-QUR’AN IN AL-ISRAA’ (17: 33)
• “AND DO NOT KILL THE SOUL WHICH ALLAH HAS FORBIDDEN, EXCEPT BY RIGHT.
AND WHOEVER IS KILLED UNJUSTLY - WE HAVE GIVEN HIS HEIR AUTHORITY, BUT
LET HIM NOT EXCEED LIMITS IN [THE MATTER OF] TAKING LIFE. INDEED, HE HAS
BEEN SUPPORTED [BY THE LAW”
CLASSIFICATION OF CRIMES WITH AN IMPACT
ON SOCIAL LIFE – QISAS & DIYAT
• FROM THE QURANIC VERSES, IT IS DEDUCED THAT QISAS APPLIES TO CRIMES
INTENDED AGAINST LIFE & BODY. BUT FOR QUASI-INTENDED & UNINTENDED CRIMES,
IT IS PUNISHED BY PAYMENT OF DIYAH (BLOOD MONEY) (S. 140 & 147 SPCO, 2013).
• DIYAH IS ALSO PAYABLE IF THE VICTIM OR HIS HEIRS REMIT (PARDON) THE ACCUSED.
• S. 133 SPCO, 2013 – IN QATLUL-’AMD (INTENTIONAL MURDER), PARDON QISAS WITH OR
WITHOUT DIYAT OR
• S. 134 – SULH (AGREEING AN AMOUNT LOWER OR HIGHER THAN DIYAT (S. 120 SPCO,
2013) ) IN INTENTIONAL MURDER.
CLASSIFICATION OF CRIMES WITH AN IMPACT
ON SOCIAL LIFE – QISAS & DIYAT

ACCORDING TO THE ABOVE VERSES, 3 OPTIONS ARE

POSSIBLE FOR INTENTIONAL MURDER

INSIST ON FORGIVE QISAS ON

PARDON OR
RETALIATION SETTLEMENT OF
FORGIVE IN TOTO
(QISAS) DIYAH
CLASSIFICATION OF CRIMES WITH AN IMPACT
ON SOCIAL LIFE – QISAS & DIYAT
• THE SHARIAH PRESCRIBES TWO PUNISHMENTS : QISAS OR BLOOD MONEY
(DIYAT).
• IF COMMITTED INTENTIONALLY, THE PUNISHMENT WILL BE QISAS.
• IF COMMITTED QUASI-INTENTIONALLY OR UNINTENTIONALLY, THE PUNISHMENT
WILL BE ONLY DIYAT.
• THE PERSON IN AUTHORITY OR THE COURT DOES NOT HAVE THE POWER TO
REDUCE OR INCREASE & MAKE ANY OTHER CHANGE IN THE PUNISHMENT LAID
DOWN.
 OTHER CRIMES

• THIS CATEGORY COMPRISES OFFENCES THAT DO NOT FALL UNDER THE FIRST
CATEGORY.
• IN OTHER WORDS, CRIMES OTHER THAN THOSE LIABLE TO HUDUD, QISAS &
DIYAT FALL UNDER THIS CATEGORY.
• IT CONSISTS OF CRIMES WHERE THE SHARIAH APPLIES UNPRESCRIBED
PENALTIES.
• THIS INCLUDE ALL OFFENCES FOR WHICH TA’ZIR OR THE PENAL PUNISHMENTS
ARE AWARDED.
 TA’ZIR
Any crime which Hudud offences for
does not come which sentence is
under the category not passed i.e. The qisas & diyat
of hudud offences hudud offences not offences for which
as well as those completely no sentence is
involving committed & passed & which
retaliation (qisas) where the had are not liable to
& blood money stands invalidated. qisas or diyat.
(diyat) Eg. Committing Eg. Committing
Eg. Khalwat S. theft because of qatl ‘amd due to
196 of Brunei famine S. 56(h), ikrah S. 127 (1)
Syariah Penal stealing traffic
Code Order, 2013 lights S. 56(o)
DIFFERENCES BETWEEN FIRST & SECOND
CATEGORY

First category Second category

• Binding upon the • Powers have been

court to pass conferred on the
prescribed court to choose any
sentences & not penalty as it may
empowered to deem fit.
change, increase or
decrease the
CLASSIFICATION ACCORDING TO
PUNISHMENT
Hudud (crimes of fixed
punishments)

Qisas & diyat (crimes of

retaliation & blood money)

Ta’zirat (crimes of discretionary

punishment)
CLASSIFICATION ACCORDING TO
PUNISHMENT
Hudud
Punishment has been fixed by the Quran or Sunnah as a
right of Allah. These punishments can neither be
increased, decreased nor altered.

Qisas & diyat

Punishments have been prescribed as the rights of the
individuals; can be remitted or altered by victim or his
legal heirs.

Ta’zirat
Punishments have not been fixed by the Quran or
Sunnah & it is left to the discretion of the judge to
prescribe punishments according to the circumstances.
 CLASSIFICATION ACCORDING TO INTENTION

Intentional crimes Unintentional crimes

• The offender commits crime knowing that he is committing • The offender does not intend to commit a crime but the
illegal act & understands the result of his act. crime is committed by him by negligence or mistake.
• Eg. Murder, intentional hurt. • Eg. Motorist who disobeys the traffic rules meets an
• Liable to punishment prescribed for that crime. accident & kills another person.
• Eg. The person does not even intend the act. But in his
sleep, he falls & crushes on another person that caused
• ummuiman
death.
• Eg. Shoots an arrow at a game but hits a human.