Who bears the cost for the person appointed to execute Qisas if the heir cannot do it himself?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
Some scholars state that a man should be paid from the public treasury to enforce collective punishments like Qisas and Hudud, as this is a general public welfare matter. If this is not arranged, the cost should fall upon the criminal, as it is a fee for fulfilling the right owed by him, similar to the fee of a measurer in the sale of measured goods.
Supporting text
An alternative view suggests the cost falls upon the heir enforcing Qisas (Al-Muctass), because he is the agent of the right-holder, making the cost his responsibility like other agency costs. The criminal is obligated to permit the enforcement, not to perform the act himself, which is why the criminal is not permitted to execute Qisas upon himself.