Is reconciliation (Sulh) valid for all matters for which compensation can be taken?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 1 · Bab 1

Open in Qurani

Primary text

Reconciliation is valid concerning everything for which taking compensation is permissible, whether that thing is legally sellable or not. This includes reconciliation regarding deliberate homicide (blood money for intentional killing), occupancy of a dwelling, or for a defect in a sold item. If reconciliation occurs regarding an act requiring retaliation (Qisas), the exchange can be for more or less than the prescribed blood money (Diyah). This is supported by the report that Al-Hasan, Al-Husayn, and Sa'id ibn al-'As offered seven full blood moneys to Hudbah ibn Khushrum, who was owed Qisas, but he refused the offer. The reasoning is that the compensation (money) is not specifically designated (mu'ayyan), so the compensation does not stand opposite a specific object.