Nasai

Generally, the heirs of the murdered person demand retribution (qisas) or else agree to blood money (diyah), therefore two things have been mentioned. However, if the heirs of the murdered person, showing forgiveness, completely pardon (the killer), then in view of the generality of the Qur’an, this is also permissible. Furthermore, it is also understood from this that the choice between retribution (qisas), blood money (diyah), or pardon belongs to the heirs of the murdered person, not to the killer.

Benefits and Issues:
➊ In the case of intentional murder, retribution (qisas) is taken from the killer, or if the heirs of the slain are agreeable, they may accept blood money (diyah) instead.

➋ During the time of the Messenger (sallallahu alayhi wa sallam), the sayings of the Messenger were indeed written down, but their scope was very limited. The noble Companions (radi Allahu anhum) rightly understood and believed that the statements of the Messenger (sallallahu alayhi wa sallam) themselves are our standard for action.

Benefits and Issues:

➊
Qisas (retaliation) and fidyah (compensation) have been regarded as similar things because the third option, i.e., forgiving, is a very lofty and great act.

➋
Fidyah (compensation) is superior to qisas (retaliation) because it is also a form of forgiveness. It is also possible that instead of taking the full fidyah, some compensation is accepted and the rest is forgiven.

➌
The decision to take qisas (retaliation) or diyah (blood money) is the right of the heirs of the murdered person, not the court.

➍
Qisas (retaliation) is only applicable in cases of intentional murder (qatl ‘amd); in cases of accidental killing (qatl khata’) or quasi-intentional killing (shibh al-‘amd), there is no qisas, only diyah (blood money).