Imprisoning the offender until the awliya of the victim reach maturity
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, we sometimes hear that the offender is imprisoned for a period of time.
The Shaykh:
That
The questioner:
That the offender is imprisoned for a period of time that reaches up to fifteen years until one of the heirs reaches maturity, so when does this situation occur?
The Shaykh:
This is up to the rulers. If he is subject to qisas (retaliation in kind) and the awliya (close friends of Allah) of the qisas include minors, he is detained until the minor reaches maturity and demands qisas, so that he does not flee and the right of the awliya of the victim over him is not lost. The ruler detains him and imprisons him, unless he provides a guarantor. He provides a guarantor. And this is also the case with qisas; a guarantor does not apply to it. A guarantor is not valid for it, because if it becomes difficult to take from the guarantor, it is only in the case of money. As for qisas and hudud (the fixed Qur'anic punishments), a guarantee does not apply to them. Therefore, his imprisonment is required. Mu'awiyah (may Allah be pleased with him) imprisoned Haddah ibn Khasram until the awliya of the victim reached maturity and took qisas from him. Yes.
Honorable Shaykh, we sometimes hear that the offender is imprisoned for a period of time.
The Shaykh:
That
The questioner:
That the offender is imprisoned for a period of time that reaches up to fifteen years until one of the heirs reaches maturity, so when does this situation occur?
The Shaykh:
This is up to the rulers. If he is subject to qisas (retaliation in kind) and the awliya (close friends of Allah) of the qisas include minors, he is detained until the minor reaches maturity and demands qisas, so that he does not flee and the right of the awliya of the victim over him is not lost. The ruler detains him and imprisons him, unless he provides a guarantor. He provides a guarantor. And this is also the case with qisas; a guarantor does not apply to it. A guarantor is not valid for it, because if it becomes difficult to take from the guarantor, it is only in the case of money. As for qisas and hudud (the fixed Qur'anic punishments), a guarantee does not apply to them. Therefore, his imprisonment is required. Mu'awiyah (may Allah be pleased with him) imprisoned Haddah ibn Khasram until the awliya of the victim reached maturity and took qisas from him. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب الديات — islamhouse.com (1:12:56)
The Arabic text is a machine transcription of the audio recording.