A housemaid killing a baby unintentionally

17-3-2013 | IslamWeb

Question:

Assalamu Alaikum, A baby died when the asian housemaid who is only 17 years old was giving the baby milk from bottle and when the baby's parents were not in home. The baby died accidentally due to suffocation and incorrect handling by the maid. The baby's parents allege that the maid killed the baby and did not forgive the housemaid nor willing to accept blood money. Should the housemaid be killed according to islamic sharia?

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

 

If it is proved that the housemaid killed that child intentionally and the kin of the victim refused to pardon her nor accept Diyah (blood money), then she has to be executed in retribution. Allaah The Almighty says (what means): {And do not kill the soul which Allaah 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].} [Quran 17:33]

However, determining the type of that killing, i.e. whether it is unintentional or intentional or quasi-intentional is to be done by courts for they examine the facts and question the parties of the dispute and give the suitable judgment. In an incident such as this one, Fatwa is of no avail.

Allaah Knows best.