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Disagreement of Heirs of a Killed Person over Punishing the Killer

Qisas and Blood Money

A death sentence has been passed against a killer who had killed a person whose life is respected. The...

Q: A death sentence has been passed against a killer who had killed a person whose life is respected. The heirs of the killed person were 3 sons. The first son demanded qisas, the second claimed blood money, while the third forgave him for the sake of Allah. But the first son insisted on qisas in spite of the fact that he could not pay one third of the blood money to his second brother and one third to the killer’s heirs. What is the rule in this issue?

A: Unless he pays one third of the blood money to the killer, he is not allowed to claim qisas against him and if he cannot afford it, he should wait until he becomes able to pay the killer’s right before claiming qisas on him.
 

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