What is the legal implication for a person who is present and scheduled for execution?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

A person who is present to be executed is in a state of fear, whether the execution is due to retribution (Qisas) or for another reason. This fear legally equates to the fear experienced by the sick. The ruling is that their disposition of property, such as freeing a slave or making a bequest, is limited to the one-third share of their estate. The reasoning is that the threat of death functions as coercion, permitting actions otherwise forbidden, which validates treating this situation identically to sickness due to the evident and near certainty of the loss of life.

Supporting text

Al-Shafi'i has two opinions on this: one holds that it is a state of fear, and the second holds that it is only a state of fear if the person is wounded; otherwise, if uninjured, they are considered physically sound and likely to be pardoned.