DROWNING

Arabic g͟haraq ( غرق‎ ). It is a strange anomaly in Muḥammadan law, according to the teaching of Abū Ḥanīfah, 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 ( qiṣāṣ ) 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 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 .]