The circumstances of pardoning the killer
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His Eminence the Shaykh: From time to time, especially in the newspapers, we hear about a pardon in a case of murder,Meaning: granted at the last minute. What is the reward for this? We ask for a word on this topic.The Shaykh: What do you mean?The questioner: When retaliation is due for a man who committed murder, and the guardian of the victim pardons him at the last moment, I would like you to tell us the ruling on that.
There is no doubt that pardoning is better,Allah the Exalted said: [al-Baqarah: 237] But the pardon must be accompanied by reform, meaning that if you pardon, there is reform for the community in that. But if that is not the case, do not pardon.For example: Suppose that this killer killed out of criminality and a love of assassinations, and that if we pardon him today, he will go and kill someone else the next day, or that others will be emboldened to do what he did in terms of killing. In that case, pardoning is not appropriate; rather, firmness must be exercised. And praise be to Allah, the person who does not die today will die tomorrow. Killing this killer serves as expiation for him with regard to the rights of the victim's guardians. And if he has repented to Allah with sincere repentance, it is also expiation for him with regard to the right of Allah the Exalted. The right of the victim remains;Because three rights are attached to the crime of a deliberate killer: 1- The right of Allah the Exalted.
2- And the right of the victim.
3- And the right of the victim's guardians.
So if he repents to Allah, feels remorse, and surrenders himself to the victim's guardians, two of the rights are dropped from him, and the right of the victim remains.
Some of the scholars say: The victim must certainly take his right on the Day of Resurrection, even if the killer has repented.
And some of the scholars say: If he repents with sincere repentance and Allah knows that from him, then Allah bears the injustice of the victim and pays it off on behalf of the killer.
And this is the closest view in my opinion;Due to the generality of the saying of Allah (Blessed and Exalted is He): [al-Furqan: 68-70] The verse is general, indicating that if he repents, everything related to this killing is dropped from him.
There is no doubt that pardoning is better,Allah the Exalted said:
And to forego it is nearer to righteousness
وَأَنْ تَعْفُوا أَقْرَبُ لِلتَّقْوَى2- And the right of the victim.
3- And the right of the victim's guardians.
So if he repents to Allah, feels remorse, and surrenders himself to the victim's guardians, two of the rights are dropped from him, and the right of the victim remains.
Some of the scholars say: The victim must certainly take his right on the Day of Resurrection, even if the killer has repented.
And some of the scholars say: If he repents with sincere repentance and Allah knows that from him, then Allah bears the injustice of the victim and pays it off on behalf of the killer.
And this is the closest view in my opinion;Due to the generality of the saying of Allah (Blessed and Exalted is He):