Intercession with the blood relatives for pardon
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Fatwa number ( 14591 )
Q: It is a pleasure for me to offer you my sincere prayers and abundant gratitude for the work and effort you undertake in the service of Islam and Muslims. Your Eminence, I wished to present this question to you because of your standing among Muslims and the acceptance your fatwa enjoys among those seeking the truth. A murder incident occurred in our Qatar between some young men
at school following a quarrel that broke out among them, in which the youngest of them struck the oldest with a knife, stabbing him twice and causing his immediate death. Since this is a matter in which people of good and righteousness have sought a resolution and interceded so that the blood relative would pardon, as the killer is sixteen years old, and in our attempt to gather some notables for intercession, one of them opposed us. We consider him more knowledgeable than ourselves, and he is a notable with great influence, but he forbade us from interceding, claiming that it is intercession in a limit of Allah, and that intercession in a case of killing is not permissible. According to our knowledge, intercession in a case of killing is among the deeds of righteousness, and pardon is better than demanding retaliation; for Allah the Exalted said:[Al-Baqarah 2:178] And He the Exalted said: [Al-Ma'idah 5:45] , and He the Exalted said: [Al-Baqarah 2:237] , and He the Exalted said: [Ash-Shuraa 42:40] , and He the Exalted said: [Ali 'Imran 3:134] And it is reported in the Sunnah
in the hadith of Anas ibn Malik (may Allah be pleased with him), his statement:Sunan Abi Dawud 4497Sahih (Al-Albani) , and from Abu al-Darda' he said: I heard the Messenger of Allah (peace and blessings be upon him) say: Jami` at-Tirmidhi 1393Da'if (Darussalam) . And from Abu Hurayrah (may Allah be pleased with him) from the Prophet (peace and blessings be upon him) he said: , and from 'Abd al-Rahman ibn 'Awf that the Prophet (peace and blessings be upon him) said: the hadith. These proofs show that Islam encourages pardon and commands it, and grants the one who pardons a great reward and provision in this world and the Hereafter. According to our knowledge, intercession is encouraged in the Shari'ah, as the Messenger of Allah (peace and blessings be upon him) said: or as he said. And naturally, that is among the matters permitted by the Shari'ah. Since your fatwa is accepted by us, we ask Allah, then your Eminence, to write for us a fatwa regarding the permissibility of intercession in a case of killing, and the blood relative's relinquishing of retaliation and settling for money or pardon, and the extent of the permissibility and superiority of that. We hope that this can be done quickly if possible. May Allah preserve you and care for you, and all the people of knowledge and virtue.
A: Intercession with the blood relative to request pardon or to accept the blood money in place of
retaliation is permissible; for Allah the Exalted said:[Al-Baqarah 2:178] , meaning: if the blood relative leaves off retaliation and pardons, he has the right to take the blood money, and he must demand it in a good manner, and the killer must hand it over without delay. And His saying, Glorious is His status, in Surat al-Isra: [Al-Isra 17:33] , meaning: empowerment; if he wills, he kills, if he wills, he pardons, and if he wills, he takes the blood money. And in (Sunan al-Tirmidhi ) the Prophet (peace and blessings be upon him) said in the Year of the Conquest: Jami` at-Tirmidhi 1406Sahih (Darussalam) meaning: the blood money. And al-Tirmidhi said: The hadith is hasan and sahih. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: It is a pleasure for me to offer you my sincere prayers and abundant gratitude for the work and effort you undertake in the service of Islam and Muslims. Your Eminence, I wished to present this question to you because of your standing among Muslims and the acceptance your fatwa enjoys among those seeking the truth. A murder incident occurred in our Qatar between some young men
at school following a quarrel that broke out among them, in which the youngest of them struck the oldest with a knife, stabbing him twice and causing his immediate death. Since this is a matter in which people of good and righteousness have sought a resolution and interceded so that the blood relative would pardon, as the killer is sixteen years old, and in our attempt to gather some notables for intercession, one of them opposed us. We consider him more knowledgeable than ourselves, and he is a notable with great influence, but he forbade us from interceding, claiming that it is intercession in a limit of Allah, and that intercession in a case of killing is not permissible. According to our knowledge, intercession in a case of killing is among the deeds of righteousness, and pardon is better than demanding retaliation; for Allah the Exalted said:
O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment.
يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالأُنْثَى بِالأُنْثَى فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ ذَلِكَ تَخْفِيفٌ مِنْ رَبِّكُمْ وَرَحْمَةٌ فَمَنِ اعْتَدَى بَعْدَ ذَلِكَ فَلَهُ عَذَابٌ أَلِيمٌAnd We ordained for them therein a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds is legal retribution. But whoever gives [up his right as] charity, it is an expiation for him. And whoever does not judge by what Allah has revealed - then it is those who are the wrongdoers.
وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالأَنْفَ بِالأَنْفِ وَالأُذُنَ بِالأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصٌ فَمَنْ تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَهُ وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْـزَلَ اللَّهُ فَأُولَئِكَ هُمُ الظَّالِمُونَAnd to forego it is nearer to righteousness
وَأَنْ تَعْفُوا أَقْرَبُ لِلتَّقْوَىAnd the retribution for an evil act is an evil one like it, but whoever pardons and makes reconciliation - his reward is [due] from Allah. Indeed, He does not like wrongdoers.
وَجَزَاءُ سَيِّئَةٍ سَيِّئَةٌ مِثْلُهَا فَمَنْ عَفَا وَأَصْلَحَ فَأَجْرُهُ عَلَى اللَّهِ إِنَّهُ لاَ يُحِبُّ الظَّالِمِينَand who pardon the people - and Allah loves the doers of good;
وَالْعَافِينَ عَنِ النَّاسِ وَاللَّهُ يُحِبُّ الْمُحْسِنِينَin the hadith of Anas ibn Malik (may Allah be pleased with him), his statement:
I never saw the Messenger of Allah (ﷺ) that some dispute which involved retaliation was brought to him but he commanded regarding it for remission.
ما رأيت رسول الله صلى الله عليه وسلم رفع إليه شيء فيه قصاص إلا أمر فيه بالعفوThere is no man who is struck in his body and he forgives for it, except that Allah raises him a level and removes a sin from him.
ما من رجل يصاب بشيء في جسده فيتصدق به إلا رفعه الله به درجة وحَطَّ عنه خطيئةThere is no man who pardons an injustice except that Allah increases him in honor.
ما عفا رجل عن مظلمة إلا زاده الله عزًّاThree things - and by Him in whose hand is the soul of Muhammad, if I were to swear by them - a wealth does not decrease from charity; so give charity. And no slave pardons an injustice seeking the Face of Allah the Mighty and Majestic, except that Allah increases him thereby in honor on the Day of Resurrection.
ثلاث - والذي نفس محمد بيده إن كنت حالفًا عليهن - لا ينقص مال من صدقة؛ فتصدقوا، ولا يعفو عبد عن مظلمة يبغي بها وجه الله عز وجل إلا زاده الله بها عزًّا يوم القيامةIntercede and you will be rewarded
اشفعوا تؤجرواA: Intercession with the blood relative to request pardon or to accept the blood money in place of
retaliation is permissible; for Allah the Exalted said:
But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy
فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ ذَلِكَ تَخْفِيفٌ مِنْ رَبِّكُمْ وَرَحْمَةٌAnd whoever is killed unjustly - We have given his heir authority
وَمَنْ قُتِلَ مَظْلُومًا فَقَدْ جَعَلْنَا لِوَلِيِّهِ سُلْطَانًاso whomever (one of his relatives) is killed after today, then his people have two options; either they have him killed, or they take the blood-money from him.
من قتل له قتيل بعد اليوم فأهله بين خيَرَتين: إما أن يقتلوا أو يأخذوا العقل
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.