The Ruling on Retaliation (Qisas) When One of the Guardians Waives It
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. If one of the awliya (close friends of Allah) waives the right to qisas (retaliation in kind) and the rest are unanimous on it, is the killer subjected to qisas or not? If one of the awliya waives the right to qisas.
Answer:
In that case, the qisas is dropped. If one of the heirs waives it, even if it is a woman, the qisas is dropped, because qisas cannot be divided. Qisas is not divisible; if a part of it is dropped, the whole of it is dropped. Yes.
He says: Honorable Shaykh, may Allah grant you success. If one of the awliya (close friends of Allah) waives the right to qisas (retaliation in kind) and the rest are unanimous on it, is the killer subjected to qisas or not? If one of the awliya waives the right to qisas.
Answer:
In that case, the qisas is dropped. If one of the heirs waives it, even if it is a woman, the qisas is dropped, because qisas cannot be divided. Qisas is not divisible; if a part of it is dropped, the whole of it is dropped. Yes.
Source
تنازل أحد الأولياء عن القصاص دون البقية — alfawzan.live
The Arabic text is a machine transcription of the audio recording.