The ruling on paying money to the family of the murdered person to forgive the killer
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, regarding the statement in the hadith: “May Allah curse the one who shelters an innovator,” the question is: Is what some people do today, by paying large sums of money to the family of the murdered person so that they forgive the execution of the hudud punishment of qisas for the killer, included in that?
The Shaykh:
No, this falls under the category of reconciliation. Reconciliation is permissible between Muslims, except if they reconcile in a way that makes the haram halal or the halal haram. Allah the Exalted said: “Reconciliation is best,”[An-Nisa 4:114]. So if the qisas is established for the awliya (close friends of Allah) of the victim, and then they forgive it for a sum of money, this is reconciliation. This is a good thing.
The questioner:
Honorable Shaykh.
The Shaykh:
If they demand qisas, if they refuse to forgive and demand qisas, then it is not permissible for anyone to prevent them from carrying out the qisas. But if they forgive for money, or if they forgive for free, then that is a value.
Honorable Shaykh, regarding the statement in the hadith: “May Allah curse the one who shelters an innovator,” the question is: Is what some people do today, by paying large sums of money to the family of the murdered person so that they forgive the execution of the hudud punishment of qisas for the killer, included in that?
The Shaykh:
No, this falls under the category of reconciliation. Reconciliation is permissible between Muslims, except if they reconcile in a way that makes the haram halal or the halal haram. Allah the Exalted said: “Reconciliation is best,”
No good is there in much of their private conversation, except for those who enjoin charity or that which is right or conciliation between people
لَّا خَيْرَ فِي كَثِيرٍ مِّن نَّجْوَاهُمْ إِلَّا مَنْ أَمَرَ بِصَدَقَةٍ أَوْ مَعْرُوفٍ أَوْ إِصْلَاحٍ بَيْنَ النَّاسِThe questioner:
Honorable Shaykh.
The Shaykh:
If they demand qisas, if they refuse to forgive and demand qisas, then it is not permissible for anyone to prevent them from carrying out the qisas. But if they forgive for money, or if they forgive for free, then that is a value.
Source
شرح قرة عيون الموحدين في تحقيق دعوة الأنبياء والمرسلين، باب ما جاء في الذبح لغير الله — islamhouse.com (59:19)
The Arabic text is a machine transcription of the audio recording.