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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on the Pardoning of the Murderer by the Deceased's Guardians After the Ruler Has Been Informed

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Question:
Honorable Shaykh, if the guardians of the deceased pardon the killer after the ruler has been informed, does this contradict the hadith of Safwan ibn Umayyah, which...

Answer:
This is qisas (retaliation in kind). Qisas is a right belonging to the guardians of the deceased. If they pardon him, it is dropped, even if it is before the ruler, or even if they wait until the court. This is a right that belongs to them. They have the right to take retaliation, they have the right to pardon, and they have the right to take the blood money. The saying of the Messenger (peace and blessings be upon him)
Whoever has a person killed for him is in the best of two options: either he takes retaliation or he accepts the blood money.من قتل له قتيل فهو بخير لضرين إما أن يقتص وإما أن يودى
, the Messenger (peace and blessings be upon him) made the right belong to the guardians of the deceased. This is not one of the hudud (fixed Qur'anic punishments). This is among the rights that belong to the created beings, such as... even the heart, even the heart. If the created being pardons, the right is dropped because it is his right, even if the... is scattered. It is his right. So the meaning of it being a right of the created being is that it is dropped and nullified. The discussion is only about the hudud, which are a right for Allah (Glorified and Exalted is He).
Source العفو عن القاتل بعد بلوغ السلطان — alfawzan.live

The Arabic text is a machine transcription of the audio recording.

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