If multiple male paternal relatives (Asabat) exist after the victim's prior demand and subsequent death, what is the rule regarding enforcement if one relative makes the demand alone?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If one of the Asabat demands enforcement alone, that individual has the right to carry out the entire punishment. If some of the Asabat forgive the perpetrator, the right is not nullified; the remaining relatives retain the right to enforce the full punishment. If only one relative remains, that individual is entitled to enforce the entire punishment. This is because the punishment is intended as a deterrent and cannot be divided, similar to all other Hadd punishments. It is not waived by the forgiveness of some because its purpose is to repel dishonor from the defamed, and each of the Asabat stands in the place of the whole in enforcing it, unlike Qisas, which could pass to a monetary alternative; forgiving here would extinguish the rights of others without compensation.