DROWNING Arabic gharuq غرق
It is a strange anomaly in Muslim law, according to the teaching of Abu Hanifah, that if a person cause the death of another by immersing him under water until he die, the offence does not amount to murder, and retaliation (visas) is not incurred. The arguments of the learned divine are as follows: First, water is analogous to a small stick or rod as is seldom or ever used in murder. Now, it is said in the Traditions that death produced by a rod is only manslaughter, and as in that a fine is merely incurred, so here likewise. Secondly, retaliation requires the observance of a perfect equality; but between drowning and wounding there is no equality, the former being short of the latter with regard to damaging the body. [MURDER.]
It is a strange anomaly in Muslim law, according to the teaching of Abu Hanifah, that if a person cause the death of another by immersing him under water until he die, the offence does not amount to murder, and retaliation (visas) is not incurred. The arguments of the learned divine are as follows: First, water is analogous to a small stick or rod as is seldom or ever used in murder. Now, it is said in the Traditions that death produced by a rod is only manslaughter, and as in that a fine is merely incurred, so here likewise. Secondly, retaliation requires the observance of a perfect equality; but between drowning and wounding there is no equality, the former being short of the latter with regard to damaging the body. [MURDER.]
Based on Hughes, Dictionary of Islam
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