What prevents the application of qisas (retaliation in kind)?
Machine translationRead the Arabic original
Question:
May Allah reward you. Honorable Shaykh, he says: Does qisas (retaliation in kind) get prevented by one witness and an oath, or is it necessary to have two witnesses?
Answer:
In this regard, the limit of qisas (retaliation in kind) is not established except by the confession of the perpetrator or by the testimony of two just men, the testimony of two just men. An oath does not enter into it, nor does the testimony of women. That is only in financial matters, where one witness and the oath of the claimant suffice. This applies to financial matters, and not to blood matters. No, confession is necessary, whether it is recognized by the Shari'ah, or proof, which is the testimony of two just Muslims that this man killed this man, or killed this person intentionally and aggressively.
May Allah reward you. Honorable Shaykh, he says: Does qisas (retaliation in kind) get prevented by one witness and an oath, or is it necessary to have two witnesses?
Answer:
In this regard, the limit of qisas (retaliation in kind) is not established except by the confession of the perpetrator or by the testimony of two just men, the testimony of two just men. An oath does not enter into it, nor does the testimony of women. That is only in financial matters, where one witness and the oath of the claimant suffice. This applies to financial matters, and not to blood matters. No, confession is necessary, whether it is recognized by the Shari'ah, or proof, which is the testimony of two just Muslims that this man killed this man, or killed this person intentionally and aggressively.
Source
قناة «العلامة الدكتور صالح الفوزان»، بماذا يدرأ القصاص؟ لمعالي الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.