The Ruling on One Who Does Not Pray in the 'Aqilah and the Oaths of Qasamah
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. If there is among the 'aqilah (the criminal's paternal relatives) one who does not pray, are they excluded from performing the oaths if the guardians of the victim object to them, even though the required number is not complete except by including the one who was excluded because he abandoned prayer?
Answer:
My brother, the one who does not pray is not a Muslim, and a non-Muslim cannot be part of the 'aqilah. You have taken it that he is of a different religion than the perpetrator. The one who does not pray is an apostate, of a different religion than the perpetrator. Yes, that is correct.
Honorable Shaykh, may Allah grant you success. If there is among the 'aqilah (the criminal's paternal relatives) one who does not pray, are they excluded from performing the oaths if the guardians of the victim object to them, even though the required number is not complete except by including the one who was excluded because he abandoned prayer?
Answer:
My brother, the one who does not pray is not a Muslim, and a non-Muslim cannot be part of the 'aqilah. You have taken it that he is of a different religion than the perpetrator. The one who does not pray is an apostate, of a different religion than the perpetrator. Yes, that is correct.
Source
قناة «العلامة الدكتور صالح الفوزان»، 104 من 123/شرح كتاب زاد المستقنع/الديات/الشجاج وكسر العظام/صالح الفوزان/الفقه/كبار العلماء — youtube.com (54:26)
The Arabic text is a machine transcription of the audio recording.