Qisaas is established with unanimous agreement between the heirs of the victim

بســـم اللــه الرحــمــن الـرحـــيــم

Answered by Shaykh Abu Hamza Hassan bin Muhammed Ba Shu’ayb – may Allah preserve him-

??Question:

An argument occurred between a man and his wife whereby he ended up deliberately killing her, the last of their children is a baby aged 30 days.

Is he to be taken to account promptly, or is it a must for him to wait for the baby to reach puberty and become an adult to then either pardon and receive the compensation, or to choose the Qisaas?

??Answer:

If one adult from the heirs of the victim pardons the perpetrator, then the Qisaas (death penalty) is overruled, and it’s not required to wait for the child to reach maturity.

As for Qisaas then it cannot be established except with an unanimous agreement between the heirs of the victim.

Translated by:
Abu Ibrahim Nāsir bin Rāshid Al-Māmry

Telegram link to the channel:
t.me/Bashuaiben

Original Fatwa:
https://t.me/Bashuaib/4073