التداخل في كفارات قتل الخطأ

Abstract EN

This research deals with the issue of “Merging the Expiations of Manslaughter” in the case of perpetrating a single act that leads to the loss of multiple innocent lives, where a single expiation is sufficient for all the lost lives.

The article includes an introduction, three core discussions and a conclusion.

The introduction comprises lexical and legal definitions of the terms “tadākhul” (merging), “kaffārāt” (expiations), “qatl al-khatāʾ” (accidental killing), tajazzuʾ (divisibility of expiation) in addition to a conceptualization of the issue and the reason for the scholarly disagreement around it.

The first and second are dedicated to elucidating two cases in which tadākhul occurs, namely: the merging of expiation in case of “a single killer and multiple victims” and “multiple killers and multiple victims”.

In the latter case, the divisibility of expiation is also investigated where there are “multiple killers and multiple victims”, due to the strong connection between the two cases, and to remove the confusion that arises between tajazzuʾ and tadākhul.

The third core discussion is dedicated to correcting the attribution of the view asserting tadākhul to some Muslim legal schools and jurists.