القتل الخطأ في الفقه الإسلامي: دراسة مقارنة

Abstract

Qatl that have taken place sometimes pose difficulties in determining the category of qatl whether it is categorized as qatlul-‘amd or qatlul-khata’. This study focuses on the discussion of four madhhabs of islamic jurisprudence related to qatlul-khata’. Thus, the objective of the study is to identify the differences and similarities of opinion of the four Madhhab of islamic jurisprudence on qatlul-khata’. Researcher referred to Kitab Muktabar of the four madhhabs, the books of hadith and the scholarly writing related to the title of the study. The study found that there are similarities of opinion among the scholars of the four madhhabs in terms of meaning, type of qatl-khata’, the principles and the methods of conviction. There is a difference of opinion among the four madhhabs Fiqah regarding the punishment of qatlul-khata’. Madhhab Maliki thinks that the punishment for the person who commits qatlul-khata’ is diyat and kafarah. While other madhhab included the punishment of being barred from owning property as a punishment for this crime.