The Repentance of the Intentional Murderer and the Right of Retaliation
Machine translationRead the Arabic original
Question:
May Allah reward you with good. The questioner asks: Does one who intentionally kills a soul have a path to repentance? And is the punishment of qisas (retaliation in kind) an expiation for the murderer?
Answer:
The murderer has a path to repentance. Even a disbeliever or one who associates partners with Allah, if he repents, Allah accepts his repentance. Repentance wipes out what came before it, whether it was killing or otherwise. So he has a path to repentance, but repentance does not remove the right of qisas from him. Qisas is a right belonging to the awliya (close friends of Allah) of the victim; if they wish, they may demand qisas, and if they wish, they may pardon. As for repentance, it is a matter between him and Allah (Glorified and Exalted is He). Repentance is valid for the murderer in his relationship with Allah, but it does not remove the right of the victim or the right of the awliya.
Imam Ibn al-Qayyim (may Allah have mercy on him) says that three rights are attached to intentional killing. The first right is the right of Allah, because the murderer has disobeyed Allah (Glorified and Exalted is He). If he repents, the right of Allah (Glorified and Exalted is He) is removed from him. The second right is the right of the awliya, and this is removed by one of two things: either by qisas or by pardon. The third right is the right of the victim.
May Allah reward you with good. The questioner asks: Does one who intentionally kills a soul have a path to repentance? And is the punishment of qisas (retaliation in kind) an expiation for the murderer?
Answer:
The murderer has a path to repentance. Even a disbeliever or one who associates partners with Allah, if he repents, Allah accepts his repentance. Repentance wipes out what came before it, whether it was killing or otherwise. So he has a path to repentance, but repentance does not remove the right of qisas from him. Qisas is a right belonging to the awliya (close friends of Allah) of the victim; if they wish, they may demand qisas, and if they wish, they may pardon. As for repentance, it is a matter between him and Allah (Glorified and Exalted is He). Repentance is valid for the murderer in his relationship with Allah, but it does not remove the right of the victim or the right of the awliya.
Imam Ibn al-Qayyim (may Allah have mercy on him) says that three rights are attached to intentional killing. The first right is the right of Allah, because the murderer has disobeyed Allah (Glorified and Exalted is He). If he repents, the right of Allah (Glorified and Exalted is He) is removed from him. The second right is the right of the awliya, and this is removed by one of two things: either by qisas or by pardon. The third right is the right of the victim.
Source
قناة «العلامة الدكتور صالح الفوزان»، هل قاتل النفس متعمدًا له توبة؟ وهل حد القصاص كفارة للقاتل؟ للشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
