Interceding with the deceased's heirs to forgive the killer

Q: It gives me great pleasure to thank you and ask Allah (Exalted be He) to reward you the best for what you do for the sake of Islam and Muslims. Your Eminence, I would like to raise this question before you as you are a person of rank and reputation in the sight of all Muslims. Also, those who seek the truth receive your Fatwa (legal opinion issued by a qualified Muslim scholar) with approval. A crime of murder was committed in Qatar when some boys (Part No. 21; Page No. 219) at school quarreled with each other. The youngest of those boys stabbed the oldest twice. As a result, the boy died immediately. Some good people have tried to settle the matter by interceding with the victim's family, who are seeking revenge, to convince them to pardon the killer since he is still sixteen years old. While attempting to gather some reputable persons to go to the victim's family, a man, whom we consider to be the most well versed in religious knowledge among us, has opposed our attempt and has ordered us not to do so as it is a sort of intercession with regard to one of the Hudud (ordained punishment for violating Allah’s Law) prescribed by Allah. He claims that intercession with regard to manslaughter is not permissible. According to our scant knowledge, intercession with regard to manslaughter is a good act and pardoning the killer is better than demanding Qisas (just retaliation) as Allah (Exalted be He) says: O you who believe! Al-Qisâs (the Law of Equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives, etc.) of the killed against blood-money, then adhering to it with fairness and payment of the blood-money to the heir should be made in fairness. This is an alleviation and a mercy from your Lord. So after this whoever transgresses the limits (i.e. kills the killer after taking the blood-money), he shall have a painful torment. He (Exalted be He) also says: And We ordained therein for them: "Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal." But if anyone remits the retaliation by way of charity, it shall be for him an expiation. And whosoever does not judge by that which Allâh has revealed, such are the Zâlimûn (polytheists and wrong-doers - of a lesser degree). He (Exalted be He) says: And to forego (and give her the full Mahr) is nearer to At-Taqwa (piety, righteousness). Allah (Exalted be He) says: The recompense for an evil is an evil like thereof; but whoever forgives and makes reconciliation, his reward is with Allâh. Verily, He likes not the Zâlimûn (oppressors, polytheists, and wrong-doers). He (Exalted be He) also says: ...and who pardon men; verily, Allâh loves Al-Muhsinûn (the good-doers). It was reported in the Sunnah (whatever is reported from the Prophet) (Part No. 21; Page No. 220) on the authority of Anas ibn Malik (may Allah be pleased with him) that he said: "I never saw the Messenger of Allah (peace be upon him) judging in any dispute that involved Qisas but he commanded remission regarding it." On the authority of Abu Al-Darda' who narrated that he heard Allah's Messenger (peace be upon him) saying: "Whoever suffers an injury and forgives (the person responsible), Allah will raise his status to a higher degree and remove one of his sins." On the authority of Abu Hurayrah (may Allah be pleased with him) who narrated that the Prophet (peace be upon him) said: "Never a man forgives a grievance unless Allah increases him in dignity." On the authority of `Abdul-Rahman ibn `Awf who narrated that the Prophet (peace be upon him) said: “Three - by the One in Whose Hand is the soul of Muhammad, if I am to swear regarding them - wealth never decreases because of Sadaqah (voluntary charity), so give Sadaqah; and no servant pardons a grievance, seeking with it the Pleasure of Allah (Glorified and Exalted be He), but Allah will surely increase him in honor because of it on the Day of Resurrection...” This evidence shows that Islam urges Muslims to pardon one another and promises a great reward in this world and in the Hereafter for the one who pardons others. According to our scant knowledge, intercession is a desirable practice as the Prophet (peace be upon him) said: "If you make intercession, you will be rewarded." Consequently, intercession is an allowable practice according to Shari`ah.Since we receive your Fatwa favorably, we ask Your Eminence to send us a written Fatwa on the permissibility of intercession with regard to manslaughter. Is it permissible for the victim's family to agree not to demand Qisas in return for a sum of money or to grant pardon with no return? We would like Your Eminence to focus on the permissibility and favorability of such a practice. We would be grateful if the reply could be as quick as possible.May Allah safeguard you and all people of knowledge and virtue!

A: Intercession with those who seek revenge to convince them to pardon the killer or to accept Diyah (blood money) instead of (Part No. 21; Page No. 221) demanding Qisas is a permissible act, as Allah (Exalted be He) says: But if the killer is forgiven by the brother (or the relatives, etc.) of the killed against blood-money, then adhering to it with fairness and payment of the blood-money to the heir should be made in fairness. This is an alleviation and a mercy from your Lord. This means that if the victim's family do not demand Qisas and pardon the killer, they have the right to receive Diyah. They have to demand the Diyah in a good manner; and the killer should pay the Diyah without procrastination. Allah (Glorified be He) says in Surah (Qur'anic chapter) Al-Isra': And whoever is killed wrongfully (Mazlûman intentionally with hostility and oppression and not by mistake), We have given his heir the authority [to demand Qisâs, - Law of Equality in punishment - or to forgive, or to take Diyah (blood money)]. This means that the victim's family have the authority to murder the killer, to pardon the killer, or to take the Diyah. It is reported in Sunan of Al-Tirmidhy that the Prophet (peace be upon him) said in the year of the Liberation of Makkah: "After these words of mine if a man is killed, his family will have a choice to murder the killer or accept the Diyah." Al-Tirmidhy commented that the Hadith was Hasan (a Hadith whose chain of narration contains a narrator with weak exactitude, but is free from eccentricity or blemish) and Sahih (authentic).May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.