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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Retaliation in the case of killing by ambush

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Question:
And the Shaykh (may Allah have mercy on him) said: How is it that retaliation is not taken from the husband who killed his wife, or from the one who killed his wife’s husband, even though he was a witness to it?

Answer:
In the case of ambush, if it is an ambush, retaliation is taken from the one who killed by ambush, without exception. Killing by ambush requires obligatory retaliation, because this is for the protection of security. The meaning of ambush is that a person deceives another until he kills him, killing him while he is in a state of safety. This is ambush: killing him while he is in a state of safety. So if the killing is by ambush, retaliation is obligatory without exception, and the awliya (close friends of Allah) have no say in it. This is the right of the one in authority, because it is for the protection of security. But if there is no ambush, if it is an open matter with no ambush, then that is the case where there is discussion. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 71 من 89|شرح العدة في شرح العمدة|كتاب الجنايات|باب شروط وجوب القصاص واستيفائه|صالح الفوزان|الفقه — youtube.com (47:22)

The Arabic text is a machine transcription of the audio recording.

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