What is the ruling when capital punishment is due both under Allah's Haddud and as a right of an individual (Qisas)?
General Chapter
Al-Mughni
Book of Highway Robbers
Primary text
When capital punishment is mandated both by Allah's Haddud (such as stoning for adultery, killing for *Muharaba* or apostasy) and as an individual right (Qisas), the individual's rights concerning capital punishment and lesser corporal penalties are enforced fully. If the killing is purely for Allah's right, all prescribed penalties are executed consecutively because the person's life must be forfeited regardless, making delay useless. If the killing is due to an individual's right (Qisas), the execution of the second penalty is delayed until recovery from the first. This is because immediate succession might lead to death before Qisas is executed, forfeiting the individual's right, and secondly, because forgiveness is permissible for individual rights, allowing for potential survival if the guardian pardons.
Supporting text
If the killing is a right of an individual, the execution of the second penalty is delayed until recovery from the first to allow for the possibility of the guardian pardoning, which would save the person's life, unlike in cases where the killing is solely a right of Allah.