Does the one in authority have the right to carry out retaliation, even if the guardian of the murdered person forgives the killer?
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, does the one in authority have the right to carry out retaliation, even if the guardian of the murdered person forgives him for the sake of the public interest?
Answer:
No, he does not have that right. If the guardian of the right to retaliation forgives, then no one has the right to carry out the retaliation, because the owner of the right has forgiven it. But if this person is known for criminality and transgressing against people, then the state may prevent his transgression by whatever it sees as beneficial for it.
He says: Honorable Shaykh, may Allah grant you success, does the one in authority have the right to carry out retaliation, even if the guardian of the murdered person forgives him for the sake of the public interest?
Answer:
No, he does not have that right. If the guardian of the right to retaliation forgives, then no one has the right to carry out the retaliation, because the owner of the right has forgiven it. But if this person is known for criminality and transgressing against people, then the state may prevent his transgression by whatever it sees as beneficial for it.
Source
قناة «العلامة الدكتور صالح الفوزان»، [2148 -2802] هل لولي الأمر إقامة القصاص؛ حتى ولو عفا ولي المقتول عن القاتل؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.