What is the disposition of property or blood-money when a person with no heirs is killed?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 1 · Bab 2

Open in Qurani

Primary text

When a person who has no heir is killed, the matter is referred to the Sultan (ruler). The Sultan has the discretion to order retaliation (qisas) if he so chooses. Alternatively, the Sultan may opt for a settlement involving financial compensation (Aql). However, the Sultan does not possess the authority to grant a pardon without any compensation, as the right to such compensation belongs to the Muslims generally, and the Sultan has no personal claim over it in this specific instance. This ruling is the position of the Ashab al-Ra'y (the companions of opinion/reasoning).

Supporting text

The Ashab al-Ra'y stipulate that a financial settlement cannot be accepted except with the consent of the perpetrator who committed the killing.