The choice of the victim between retaliation, blood money, and pardon
Machine translationRead the Arabic original
The Shaykh:
What is the issue you have?
The presenter:
May Allah greet you.
The Shaykh:
It is the fingers; leave them for later. Yes.
The questioner:
And Honorable Shaykh, I seek Allah's forgiveness. If the victim demands that the perpetrator be buried, regarding the raised limb, does he have that right? And is it obligatory for the other party?
The Shaykh:
Yes, the choice belongs to the victim, between pardon. Between pardon for free, and pardon for blood money, and retaliation. He has three options: if he wishes, he takes retaliation; if he wishes, he pardons for blood money; and if he wishes, he pardons for free, and this is the best. The choice is only for the victim or his guardian, as for the perpetrator, he has no choice. Yes.
The questioner:
And what if a female perpetrator appeared and said, "You have no right except to my exclusive claim."
The Shaykh:
No, he has no choice. If the victim or his guardian chooses blood money, the perpetrator is obligated to pay it, or if he chooses to pardon for free, the perpetrator is obligated to accept it. So the perpetrator has no choice at all; the perpetrator is the one who has no choice. Yes, rather, the choice belongs to the one entitled to retaliation. Yes.
The questioner:
Or Shaykh Ahmad.
The Shaykh:
For this reason, the Messenger (peace and blessings be upon him) said: Thus, he made the right of choice belong to the family of the victim.
The questioner:
Therefore, Shaykh (may Allah preserve you), in your opinion, according to Ibn Fuhran (may Allah have mercy on him), the hadd (fixed punishment) is not obligatory except upon the direct perpetrator, while qisas (retaliation) is obligatory through causation. Did you want to clarify this, with your respect (may Allah preserve you)?
The Shaykh:
Because the hadd is dropped on account of doubt, whereas qisas is a right belonging to a created being. Qisas is a right belonging to a created being; forgiveness enters into it, and the demand for money enters into it. As for the hadd, it is a right belonging to Allah, based on leniency. Also, money is not accepted in it; money is not accepted in it. So, if money is demanded in it, it is not accepted. Thus, there is a difference between the hadd and qisas.
What is the issue you have?
The presenter:
May Allah greet you.
The Shaykh:
It is the fingers; leave them for later. Yes.
The questioner:
And Honorable Shaykh, I seek Allah's forgiveness. If the victim demands that the perpetrator be buried, regarding the raised limb, does he have that right? And is it obligatory for the other party?
The Shaykh:
Yes, the choice belongs to the victim, between pardon. Between pardon for free, and pardon for blood money, and retaliation. He has three options: if he wishes, he takes retaliation; if he wishes, he pardons for blood money; and if he wishes, he pardons for free, and this is the best. The choice is only for the victim or his guardian, as for the perpetrator, he has no choice. Yes.
The questioner:
And what if a female perpetrator appeared and said, "You have no right except to my exclusive claim."
The Shaykh:
No, he has no choice. If the victim or his guardian chooses blood money, the perpetrator is obligated to pay it, or if he chooses to pardon for free, the perpetrator is obligated to accept it. So the perpetrator has no choice at all; the perpetrator is the one who has no choice. Yes, rather, the choice belongs to the one entitled to retaliation. Yes.
The questioner:
Or Shaykh Ahmad.
The Shaykh:
For this reason, the Messenger (peace and blessings be upon him) said:
Whoever has a person killed, his family has a choice between two things
من قتل له قتيل فأهله بين خيرتينThe questioner:
Therefore, Shaykh (may Allah preserve you), in your opinion, according to Ibn Fuhran (may Allah have mercy on him), the hadd (fixed punishment) is not obligatory except upon the direct perpetrator, while qisas (retaliation) is obligatory through causation. Did you want to clarify this, with your respect (may Allah preserve you)?
The Shaykh:
Because the hadd is dropped on account of doubt, whereas qisas is a right belonging to a created being. Qisas is a right belonging to a created being; forgiveness enters into it, and the demand for money enters into it. As for the hadd, it is a right belonging to Allah, based on leniency. Also, money is not accepted in it; money is not accepted in it. So, if money is demanded in it, it is not accepted. Thus, there is a difference between the hadd and qisas.
Source
قناة «العلامة الدكتور صالح الفوزان»، 74 من 89|شرح العدة في شرح العمدة|كتاب الجنايات|باب الاشتراك في القتل|صالح الفوزان|الفقه|كبار العلماء — youtube.com (13:17)
The Arabic text is a machine transcription of the audio recording.