What is the ruling on pre-emptive right (Shuf'a) if the required penalty for an intentional tort is considered one of two options?

Primary text

If the ruling is that the intentional tort mandates one of two options (Qisas or Diyah), then by choosing to settle, the right to Qisas is waived, and Diyah becomes definitively required. Consequently, the entirety of the settlement amount becomes a substitution for monetary value, thereby establishing the pre-emptive right over the whole thing.