Releasing the murderer on bail until the victim’s children reach maturity
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, if the victim’s children are minors, is it possible for the murderer to be released on a personal bail bond until he fights?
The Shaykh:
What am I saying?
The questioner:
If the victim’s children are minors, is it possible for the murderer to be released on a personal bail bond until the children reach maturity?
The Shaykh:
Bail is not suitable for hudud (fixed Qur'anic punishments), because the punishment cannot be exacted from the guarantor. But in cases involving money, if a person guarantees the debt, the money can be collected from the guarantor. However, this does not apply to hudud; retribution is only taken from the perpetrator, so bail does not apply to them. Yes.
He says: Honorable Shaykh, may Allah grant you success, if the victim’s children are minors, is it possible for the murderer to be released on a personal bail bond until he fights?
The Shaykh:
What am I saying?
The questioner:
If the victim’s children are minors, is it possible for the murderer to be released on a personal bail bond until the children reach maturity?
The Shaykh:
Bail is not suitable for hudud (fixed Qur'anic punishments), because the punishment cannot be exacted from the guarantor. But in cases involving money, if a person guarantees the debt, the money can be collected from the guarantor. However, this does not apply to hudud; retribution is only taken from the perpetrator, so bail does not apply to them. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 089-كتاب الجنايات - 2-11-25 هـ — archive.org (23:35)
The Arabic text is a machine transcription of the audio recording.