The Ruling on the Bail of the Murderer in the Fixed Punishment for Killing
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, if the children of the murdered man are minors, is it possible for the murderer to be released on a bail of presence? If the children of the murdered man are minors, can the murderer be released on a bail of presence until the children reach maturity?
Answer:
Bail is not suitable for hudud (fixed punishments), because they cannot be recovered from the guarantor. This applies to money; if a person guarantees a debt, the money can be recovered from the guarantor. But hudud are different; retribution is taken only from the perpetrator, so bail does not apply to them.
He says: Honorable Shaykh, may Allah grant you success, if the children of the murdered man are minors, is it possible for the murderer to be released on a bail of presence? If the children of the murdered man are minors, can the murderer be released on a bail of presence until the children reach maturity?
Answer:
Bail is not suitable for hudud (fixed punishments), because they cannot be recovered from the guarantor. This applies to money; if a person guarantees a debt, the money can be recovered from the guarantor. But hudud are different; retribution is taken only from the perpetrator, so bail does not apply to them.
Source
خروج القاتل بكفالة حضورية حتى بلوغ أبناء القتيل — alfawzan.live
The Arabic text is a machine transcription of the audio recording.