The Execution of Retaliation and the Refusal of the Physician or His Being a Disbeliever
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Question:
Honorable Shaykh, if the Muslim doctor refuses to execute the retaliation for any reason, is he compelled to do so? And how is his compensation taken? And is the retaliation executed by a disbeliever doctor?
Answer:
This falls under the authority of the one in authority. It is the one in authority who provides the means to execute retaliation, whether by the sword or by amputating the limb; this is within his jurisdiction. If the guardian of the victim, who is the one entitled to retaliation, wishes to carry it out himself for the sake of taking revenge, he is permitted to do so. If he is not skilled in carrying out retaliation, or if he is cowardly regarding retaliation, killing, or amputating the limb, the one in authority entrusts this task to someone who is capable of performing it. This is among the powers of the one in authority. Yes.
Honorable Shaykh, if the Muslim doctor refuses to execute the retaliation for any reason, is he compelled to do so? And how is his compensation taken? And is the retaliation executed by a disbeliever doctor?
Answer:
This falls under the authority of the one in authority. It is the one in authority who provides the means to execute retaliation, whether by the sword or by amputating the limb; this is within his jurisdiction. If the guardian of the victim, who is the one entitled to retaliation, wishes to carry it out himself for the sake of taking revenge, he is permitted to do so. If he is not skilled in carrying out retaliation, or if he is cowardly regarding retaliation, killing, or amputating the limb, the one in authority entrusts this task to someone who is capable of performing it. This is among the powers of the one in authority. Yes.
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 (22:10)
The Arabic text is a machine transcription of the audio recording.
