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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Retaliation in kind is a right belonging to the people, not a fixed Qur'anic punishment

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Question:
The son of the sound one, this is considered, even by consensus, a tacit consensus, and it is useful for establishing probability according to the originalists. So if he sees even an enemy in a doubtful matter where there is no conviction,

Answer:
This is not a fixed Qur'anic punishment; this is not a fixed Qur'anic punishment. This is a right belonging to the people. Retaliation in kind is a right belonging to the people and is not considered among the fixed Qur'anic punishments. What is considered among the fixed Qur'anic punishments is the killing of the apostate and the killing of the sorcerer. This is what is considered a fixed Qur'anic punishment. The killing of the sorcerer is not [a fixed punishment]; his killing is [based on] disbelief and apostasy. So the killing of the apostate is not considered a fixed Qur'anic punishment. As for killing in retaliation in kind, this is a right belonging to the people, not a fixed Qur'anic punishment. The evidence for this is that they have the authority to drop it. If it were a fixed Qur'anic punishment, they would not have the authority to drop it.
Source قناة «العلامة الدكتور صالح الفوزان»، 72 من 89|شرح العدة في شرح العمدة|كتاب الجنايات|فصل في شروط استيفاء القصاص|صالح الفوزان|الفقه — youtube.com (34:24)

The Arabic text is a machine transcription of the audio recording.

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