If a person strikes another and wounds him or insults him, is it permissible for him to stipulate a sum of money from him in exchange for reconciliation?
Machine translationRead the Arabic original
The Shaykh: How.
The questioner : I have a question, if you would be so kind?
The Shaykh: Go ahead.
The questioner : Allah (Blessed and Exalted is He) says in His noble Book:[Al-Ma'idah 5:45] Then the questioner says, O our Shaykh: If a person strikes another and wounds him, is it permissible for him to stipulate a sum of money from him in exchange for reconciliation? This is the question.
The Shaykh : In the Sunnah, there are details regarding what is called "al-arsh" (compensation). The details that came in the Sunnah must be taken into account. Thus, a wound to the eye, a wound to the nose, the mouth, the ear, and the like, all have specific shares determined in the Sunnah.
The questioner : For example, O our Shaykh, if he struck him in the face and wounded him?
The Shaykh: Yes.
The questioner : So, if you could provide a little detail on this issue, for example, the striker might ransom himself with some money, but is it possible for the victim to stipulate a sum of money in exchange for reconciliation?
The Shaykh : I do not know!
The questioner : Does this fall within the scope of hudud (fixed punishments)? Does this question fall within the scope of hudud?
The Shaykh : If you mean within the scope of hudud in a general sense, such as an eye for an eye, an ear for an ear, or the known hudud rulings that state that whoever steals from such and such?
The questioner : The first one, O Shaykh.
The Shaykh : The first one! In the case of this type of offense.
The questioner: Yes.
The Shaykh : So, as far as I know, there is only the general text.
The questioner : Retaliation (qisas)?
The Shaykh: Yes.
The questioner : It is, O our Shaykh, that you have answered, may Allah reward you with good, that al-arsh is what...
The Shaykh : Yes.
The questioner : is ruled upon in this issue.
The Shaykh: Yes.
The questioner : And there is no doubt that if the matter were left absolute like this, without being limited as the Wise Lawgiver has limited it, then all people would go in various directions to profit from these wounds that befall them. But since the Wise Lawgiver has limited it, let them refer to the Shari'ah. Because the customs in our lands, and perhaps in other lands as well, are that an accident or a minor wound that may occur is followed by two punishments: The first punishment is the financial penalty assessed by the victim, or by the one who judges this case through the known tribal judiciary. And the tribal judiciary, in most of its cases and in the majority of its rulings, does not submit to the ruling of Islam or the correct Shari'ah...
The Shaykh: Yes.
The student : Because they add to that something else: which is the moral harm that befell this struck person or victim. And therefore, they also add another value as compensation for this victim for the wound or insult that befell him. And of course, it is known from the Wise Shari'ah that this issue has not been limited by specific bounds, nor has a compensation (arsh) been established for which the victim is compensated. And therefore, one should stop at what the Lawgiver has established.
The Shaykh : Yes, may Allah bless you. But it seems to me that he is referring to an aggression for which there is no specific text in the Shari'ah as an arsh, as we said: for example, if he struck him with his palm. In this case, we apply the general text, or forgiveness, and forgiveness is better.
The questioner : I have a question, if you would be so kind?
The Shaykh: Go ahead.
The questioner : Allah (Blessed and Exalted is He) says in His noble Book:
And We ordained for them therein a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds is legal retribution. But whoever gives [up his right as] charity, it is an expiation for him
وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالْأَنْفَ بِالْأَنْفِ وَالْأُذُنَ بِالْأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصٌ فَمَنْ تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَهُThe Shaykh : In the Sunnah, there are details regarding what is called "al-arsh" (compensation). The details that came in the Sunnah must be taken into account. Thus, a wound to the eye, a wound to the nose, the mouth, the ear, and the like, all have specific shares determined in the Sunnah.
The questioner : For example, O our Shaykh, if he struck him in the face and wounded him?
The Shaykh: Yes.
The questioner : So, if you could provide a little detail on this issue, for example, the striker might ransom himself with some money, but is it possible for the victim to stipulate a sum of money in exchange for reconciliation?
The Shaykh : I do not know!
The questioner : Does this fall within the scope of hudud (fixed punishments)? Does this question fall within the scope of hudud?
The Shaykh : If you mean within the scope of hudud in a general sense, such as an eye for an eye, an ear for an ear, or the known hudud rulings that state that whoever steals from such and such?
The questioner : The first one, O Shaykh.
The Shaykh : The first one! In the case of this type of offense.
The questioner: Yes.
The Shaykh : So, as far as I know, there is only the general text.
The questioner : Retaliation (qisas)?
The Shaykh: Yes.
The questioner : It is, O our Shaykh, that you have answered, may Allah reward you with good, that al-arsh is what...
The Shaykh : Yes.
The questioner : is ruled upon in this issue.
The Shaykh: Yes.
The questioner : And there is no doubt that if the matter were left absolute like this, without being limited as the Wise Lawgiver has limited it, then all people would go in various directions to profit from these wounds that befall them. But since the Wise Lawgiver has limited it, let them refer to the Shari'ah. Because the customs in our lands, and perhaps in other lands as well, are that an accident or a minor wound that may occur is followed by two punishments: The first punishment is the financial penalty assessed by the victim, or by the one who judges this case through the known tribal judiciary. And the tribal judiciary, in most of its cases and in the majority of its rulings, does not submit to the ruling of Islam or the correct Shari'ah...
The Shaykh: Yes.
The student : Because they add to that something else: which is the moral harm that befell this struck person or victim. And therefore, they also add another value as compensation for this victim for the wound or insult that befell him. And of course, it is known from the Wise Shari'ah that this issue has not been limited by specific bounds, nor has a compensation (arsh) been established for which the victim is compensated. And therefore, one should stop at what the Lawgiver has established.
The Shaykh : Yes, may Allah bless you. But it seems to me that he is referring to an aggression for which there is no specific text in the Shari'ah as an arsh, as we said: for example, if he struck him with his palm. In this case, we apply the general text, or forgiveness, and forgiveness is better.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.