Qiṣāṣ: Forgiveness and the Obligation of Diyah
Author: Imran Ayub Lahori
❖ Principle
- If any one heir of the murdered person forgives the killer, qiṣāṣ (execution) is dropped.
- The remaining heirs must then accept diyah (blood money), since partial execution cannot be carried out.
❖ Evidence from Hadith
① ʿĀʾishah رضي الله عنها narrates that the Messenger of Allah ﷺ said:
«على المقتتلين أن ينحجزوا الأول فالأول وإن كانت إمرأة»
"It is obligatory on the heirs of the slain to stop from seeking qiṣāṣ if one of them pardons—even if that pardoner is a woman."
[Ḍaʿīf: Abū Dāwūd 4538; al-Nasāʾī 4788; graded weak in Ḍaʿīf Abī Dāwūd no.981]
② ʿAmr ibn Shuʿayb, from his father, from his grandfather, narrates:
The Prophet ﷺ said:
"No believer is killed in retaliation for a disbeliever. Whoever kills a believer intentionally is handed over to the heirs of the slain. If they wish, they kill him; and if they wish, they take the diyah."
[Ḥasan Ṣaḥīḥ: Abū Dāwūd 3781, 4506; al-Nasāʾī 4801; Ibn Mājah 2626; Aḥmad 2/178]
❖ Scholarly Reasoning
- The hadith phrase: «فإن شاءوا قتلوه وإن شاءوا أخذوا الدية»
— “If they wish, they kill him; and if they wish, they take diyah” — shows that this right belongs to all heirs collectively. - If one heir forgives, qiṣāṣ drops for all.
- The others cannot enforce partial killing, since it is indivisible.
- Therefore, the only fair solution is that the remaining heirs take diyah.
❖ Juristic Opinions
✔ Imām al-Shāfiʿī and Abū Ḥanīfah:
- Qiṣāṣ is dropped by the pardon of even one heir.
- Remaining heirs are obliged to take diyah.
✔ Imām Mālik and al-Zuhrī:
- Restrict this ruling to ʿaṣabah relatives (male agnates).
[Nayl al-Awṭār 4/467]
❖ Conclusion
- One heir’s pardon = qiṣāṣ dropped for all.
- Remaining heirs → must accept diyah.
- This prevents injustice, since execution cannot be divided proportionally.
- The strongest opinion is that of Imām al-Shāfiʿī and Abū Ḥanīfah.
