INTENTIONAL AND UNINTENTIONAL HOMICIDE ACCORDING To THE FOUR SUNNI SCHOOLS OF JURISPRUDENCE

The Islamic law jurists agree that all the legal rules are based upon the interests (masalih) of man. They also agree that the preservation of life forms one of the five basic values that must be preserved in any civilisation¹. These values sum up the ultimate purposes of the law (maqasid al-shari'ah). It is also an established legal maxim under Islamic law that intention is the ingot of all matters (al- umuru bi maqasidiha)². This article sets to primarily identify those instances that represent the determining factors of intentional and unintentional homicide within the framework and perspectives of the legal theories of our Sunni jurists. This, no doubt, will require a look into the effect of varying circumstances and set situations upon the final verdict of the court. This is imperative because intention by itself is not concrete (mudabit) or manifest (zahir). It is hidden and latent. This is the main reason why we look to the act and also to the circumstances surrounding the act in order to find traces of intention.