What is the ruling on a father killing his two sons?
The majority of scholars hold the view that a father is not to be executed for killing his child, citing as evidence the of Umar ibn al-Khattab, may Allah be pleased with him: "A father is not killed for his child," and the hadith: "You and your wealth belong to your father." This is because قصاص (retaliation in kind) is averted by doubts, and because the father is the cause of the child's existence, so it is not appropriate for him to be subjected to execution by the child.
As for the Maliki school, they are of the opinion that a father is killed for his son if he intended to take his life; if he did not intend that, then he is not killed for him.
Based on the view of the majority, if a father kills his two sons, he is not to be executed for them. Instead, he is liable for a blood money (diyah) for each son, which is one hundred camels (thirty hiqqah, thirty jadha'ah, and forty thaniyyah), and the father inherits nothing from that.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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