The Ruling on a Blood Relative Hastening to Kill
Machine translationRead the Arabic original
Question:
From Asyut, the Arab Republic of Egypt, this is a message sent by one of the listening brothers from there. He says: Isam Abd al-Tawwab Muhammad. Our brother Isam says: We, the youth, discussed an issue regarding retaliation (qisas), which is: What is the ruling if a person is killed, and his brother was with the victim, and he was able to seize the killer and killed him at that same moment? Does he bear any sin? And by doing so, has he taken retaliation for his brother? And does this fall under the saying of Allah the Exalted: [al-Baqarah:179]?
Answer:
It is not permissible for the brother of the victim to rush to kill the killer. Rather, it is obligatory to be patient, to exercise restraint, and not to hasten, until the causes of the killing are examined and the heirs agree on seeking retaliation or pardon. It is not permissible for him to hasten in these matters, because there may be reasons that prevent retaliation.
Therefore, it is obligatory for the one who encounters such a situation not to hasten, but to refer the matter to the authorities so that retaliation may be examined in the manner prescribed by the Shari'ah. As for hastening, it may lead him to fall into what Allah has forbidden for him. Yes.
The presenter: So, retaliation is not in their hands?
The Shaykh: Retaliation is in the hands of the heirs, if their opinion agrees on retaliation and the killer becomes deserving of it. However, if there are obstacles, the Shari'ah judge must examine them.
The presenter: And who carries out the retaliation, if you please?
The Shaykh: The Shari'ah judge carries it out, through the authorities. Yes.
The presenter: May Allah reward you with good.
From Asyut, the Arab Republic of Egypt, this is a message sent by one of the listening brothers from there. He says: Isam Abd al-Tawwab Muhammad. Our brother Isam says: We, the youth, discussed an issue regarding retaliation (qisas), which is: What is the ruling if a person is killed, and his brother was with the victim, and he was able to seize the killer and killed him at that same moment? Does he bear any sin? And by doing so, has he taken retaliation for his brother? And does this fall under the saying of Allah the Exalted:
And there is for you in legal retribution [saving of] life, O you [people] of understanding
وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُوْلِي الأَلْبَابِAnswer:
It is not permissible for the brother of the victim to rush to kill the killer. Rather, it is obligatory to be patient, to exercise restraint, and not to hasten, until the causes of the killing are examined and the heirs agree on seeking retaliation or pardon. It is not permissible for him to hasten in these matters, because there may be reasons that prevent retaliation.
Therefore, it is obligatory for the one who encounters such a situation not to hasten, but to refer the matter to the authorities so that retaliation may be examined in the manner prescribed by the Shari'ah. As for hastening, it may lead him to fall into what Allah has forbidden for him. Yes.
The presenter: So, retaliation is not in their hands?
The Shaykh: Retaliation is in the hands of the heirs, if their opinion agrees on retaliation and the killer becomes deserving of it. However, if there are obstacles, the Shari'ah judge must examine them.
The presenter: And who carries out the retaliation, if you please?
The Shaykh: The Shari'ah judge carries it out, through the authorities. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.