Is it permissible for the family of the victim to kill the murderer if the state has ruled in his favor?
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The questioner : May Allah reward you, O Shaykh. A man killed another man, and the matter was brought to the state, but the state released this murderer. Is it permissible for the family of the victim to take revenge on that murderer?
The Shaykh : The original ruling is that if a man kills a person intentionally, aggressively, and without any doubt, the original ruling is that the awliya (close friends of Allah) of the victim are the ones who kill him, based on the saying of Allah the Exalted:[Al-Baqarah 2:178] But the scholars say that only the sultan, meaning the head of the state or his deputy, may take charge of this. However, they also said that if the awliya of the victim wish to carry out the killing themselves and say to the state, "We want to kill him; we want to satisfy our grief and quench our thirst for vengeance against this man," then they have the right to do so. But if the state has cleared him, they do not have the right to kill him, because that would lead to chaos, and the state does not clear him except through a Sharia-compliant path. Yes, that is correct.
The questioner : And the state did not clear him rightfully?
The Shaykh : I mean, if the state did not clear him rightfully, I fear that if we say they may kill him, while in reality his blood is not protected and his blood is worthless, I fear that if we say that, it will lead to fitnah (trial, discord or temptation). Therefore, it is obligatory for them to look at the maslahah (public benefit). If there is a fear of fitnah, such as if he is from a tribe and then the tribe rises up against this tribe and blood is shed, the important thing is that they look at what is best. Yes.
The Shaykh : The original ruling is that if a man kills a person intentionally, aggressively, and without any doubt, the original ruling is that the awliya (close friends of Allah) of the victim are the ones who kill him, based on the saying of Allah the Exalted:
O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct
يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالْأُنْثَى بِالْأُنْثَى فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍThe questioner : And the state did not clear him rightfully?
The Shaykh : I mean, if the state did not clear him rightfully, I fear that if we say they may kill him, while in reality his blood is not protected and his blood is worthless, I fear that if we say that, it will lead to fitnah (trial, discord or temptation). Therefore, it is obligatory for them to look at the maslahah (public benefit). If there is a fear of fitnah, such as if he is from a tribe and then the tribe rises up against this tribe and blood is shed, the important thing is that they look at what is best. Yes.