The Difference Between Killing as a Hudud Punishment and Killing as Qisas
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Question:
He said: O Professor, what is the difference between killing as a hudud punishment and killing as qisas?
Answer:
Killing as a hudud punishment, such as the killing for zina (unlawful sexual intercourse) of a married person, is a right belonging to Allah (Mighty and Majestic). This is different from qisas, which is a right belonging to human beings. Therefore, once hudud punishments are established, they must be carried out, and pardon does not apply to them. However, pardon does apply to qisas; even if it is established and confirmed, if the heirs pardon, that is permissible because it is a right belonging to human beings. This is the difference between hudud and qisas: qisas is a right, whereas hudud is a right belonging to Allah (Glorified and Exalted is He), so pardon does not apply to it. Yes.
He said: O Professor, what is the difference between killing as a hudud punishment and killing as qisas?
Answer:
Killing as a hudud punishment, such as the killing for zina (unlawful sexual intercourse) of a married person, is a right belonging to Allah (Mighty and Majestic). This is different from qisas, which is a right belonging to human beings. Therefore, once hudud punishments are established, they must be carried out, and pardon does not apply to them. However, pardon does apply to qisas; even if it is established and confirmed, if the heirs pardon, that is permissible because it is a right belonging to human beings. This is the difference between hudud and qisas: qisas is a right, whereas hudud is a right belonging to Allah (Glorified and Exalted is He), so pardon does not apply to it. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 70 من 89|شرح العدة في شرح العمدة|كتاب الجنايات|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:06:17)
The Arabic text is a machine transcription of the audio recording.