Is it permissible to hire someone to execute retributive justice (Qisas)?
General Chapter
Al-Mughni
Book of Leasing
Primary text
It is permissible to hire someone to execute retributive justice (Qisas), whether the penalty involves life or lesser injuries. This opinion is held by Malik, Al-Shafi'i, and Abu Thawr. The rationale is that since execution of this right does not require the doer to be one capable of drawing near to God (through worship), agency (hiring) is valid, similar to Qisas in limbs. Any ambiguity regarding the exact number or location of required strikes is analogous to the unknown number of stitches required for sewing cloth, which does not invalidate the contract.
Supporting text
Abu Hanifa holds that hiring is impermissible specifically for retributive killing because the number and exact location of the required strikes are variable and thus indeterminate, making the object of the contract unknown.