Is it permissible for the guardian of the victim of a crime that warrants a fixed punishment to waive his right?
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Fatwa number ( 13432 )
Q: On the twentieth of Shawwal this year, two students in the first year of middle school committed sodomy against a third student after they had paralyzed his movement and prevented him from calling for help. The case is currently under investigation by the police. The question is: Is it permissible for the guardian of the victim to forgive the perpetrators and withdraw the complaint, or is this a right belonging to Allah that humans do not possess?
A : It is not permissible for the guardian of the victim to forgive; because the implementation of the ruling in
that is a right belonging to Allah, and the ruler is responsible for its execution. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: On the twentieth of Shawwal this year, two students in the first year of middle school committed sodomy against a third student after they had paralyzed his movement and prevented him from calling for help. The case is currently under investigation by the police. The question is: Is it permissible for the guardian of the victim to forgive the perpetrators and withdraw the complaint, or is this a right belonging to Allah that humans do not possess?
A : It is not permissible for the guardian of the victim to forgive; because the implementation of the ruling in
that is a right belonging to Allah, and the ruler is responsible for its execution. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.