The Forgiveness of the Murderer by the Deceased's Guardians After the Ruling Reaches the Ruler and Its Relation to the Hadith of Safwan

Question:
Honorable Shaykh, if the guardians of the deceased forgive the killer after the ruling has reached the ruler, does this contradict the hadith of Safwan ibn Umayyah?

Answer:
This is indeed so. This is qisas (retaliation in kind). Qisas is the right of the guardians of the deceased. If they forgive him, it is dropped, whether before the ruler or if a verdict has been issued by the court, because this is their right. They have the right to take retaliation and they have the right to forgive. As for the saying of the Messenger (peace and blessings be upon him) , the Messenger (peace and blessings be upon him) made the right belong to the guardians of the deceased. This is not one of the hudud (fixed Qur'anic punishments); it is qisas, which are rights belonging to created beings. For example, the hadd for qadhf (falsely accusing someone of zina): if the one accused forgives, the hadd is dropped because it is his right, even if it is established before the judge. As long as it is a right belonging to a created being, it is dropped and nullified. The discussion is only about the hudud, which are rights belonging to Allah (Glorified and Exalted is He).