Compensation following a knife attack by an insane person
8-10-2015 | IslamWeb
Question:
Please can you give me a fatwa on the Following Domestic Violence case I encountered.I was attacked by My Sister in Law with a Knife back in July 2014 in an attempt to Murder.My sister in Law is mentally sick and living with my father in law. Her mother died 5 days before from natural causes from a Heart attack. ( I had a very good relationship with my mother in law ). My sister in Law became very mentally depressed and came to my home carrying a large Kitchen knife and entered my home pretending that she was visiting me. Then as I was distracted on the phone she stabbed and attacked me with the knife all over my body. I managed to run out of my flat to a neighbours flat, who called for the ambulance. I encountered more than 26 leceration knife cuts and needed surgery on my hand to save it as the nerves on my arm had been damaged however they were repaired AlHamdillah by the surgeon. My sister in law was arrested and is now in a Mental Hospital. All I received from my in Laws was an apology. My father in law was too scared to report her to the police as he did not want her to be detained. Even now he is doing his best to get her released as soon as possible.My in laws insisted that I shouldn’t inform my parents and family in order to bring disgrace on their name. I have agreed to their request. Up to now the attack has been kept a secret. Only the Police are aware.From my side I feel that my life is in danger and very threatened by my Sister in law. However there is a very large and bad conflict of interest between my In laws and I regarding her release. I now suffer from many scars all over my body, Arms, Hands and legs. I can not wear T shirts in front of my family and other ladies. And now have a phobia from people entering my home. And depression from the scars I am left with.I feel I did not receive satisfactory Justice. Can you give me your opinion or Fatwa on what you believe Islamically is my rights to compensation ?
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 
is His slave and Messenger.
First of all, we congratulate you on the blessing of being safe and sound as the consequences of what happened to you could have been much worse if not for Allaah's mercy. So this is a great blessing which you should thank Allaah for day and night. Allaah says (what means): {So remember Me; I will remember you. And be grateful to Me and do not deny Me.}[Quran 2:152]
The Diyah (compensation) for injuries differs from one injury to another. Some compensations are fixed and some are not. In the absence of a predetermined compensation for injury, trustworthy experts determine the amount by using their personal discretion and considering what the injury requires. You can refer to an Islamic center or another authoritative organization which is concerned with investigating the Muslims' affairs. It is not permissible to refer to man-made law without necessity.
If this woman is mentally ill as you mentioned, then she is not accountable if she committed a sin while unconscious. The Prophet said: “The pen has been lifted from three: a sleeping person until he wakes up, a child until he reaches maturity and an insane person until he gains consciousness.” [Abu Daawood, At-Tirmithi, An-Nasaa’i and Ibn Maajah]
This does not however remove liability. The jurists have stated that if an insane person assaulted and killed someone or caused bodily injury, then his family is responsible for paying the compensation. Anything that is one third of the Diyah or less than that is to be taken from the property of the insane person if he has property. But there is a difference of opinion concerning this.
Measures should be taken to keep this woman from harming others. It is known that if you forgive her, your will be rewarded. Please refer to Fatwa 84351 about the virtues of forgiveness. The fact that you have not told your family about this incident is evidence of your good conduct and character, and you will be rewarded for this, Allaah willing. There is apparently no benefit in telling them, so you should not do so.
Dear sister, try to remove this fear from yourself and don't let it overwhelm you. Instead, frequently engage in the remembrance of Allaah, especially in the morning and evening. ‘Uthmaan Ibn ‘Affaan 
said: I heard the Prophet say: “Nothing will harm the person until he wakes up in the morning who says three times Bismillaahi al-lathi laa yadhurru ma‘asmihi shay’un fil-ardhi wa-laa fis-samaa’ wa-huwa As-Samee‘ Al-‘Aleem (In the Name of Allaah with whose name nothing on earth or in the heavens harms and He is the Hearing, the Knowing), and whoever says it three times in the morning nothing will harm him until the evening.” [Ahmad]
If you need to consult a psychiatrist, then do so.
Allaah Knows best.