Is the enforcement of Qisas (retaliation) permissible without the presence of the Sultan (ruler)?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
The enforcement of Qisas is not permissible except in the presence of the Sultan. This position is attributed to Abu Bakr and is the established madhhab of Al-Shafi'i, because it is a matter requiring ijtihad where injustice (hayf) must be avoided, and injustice is expected when there is an intention for personal vengeance. If Qisas is enforced without the Sultan's presence, the act takes effect, but the enforcer is subject to punitive measures (ta'zir) for acting in a prohibited manner.
Supporting text
It is probable that enforcement without the Sultan's presence is permissible, specifically for Qisas involving life (nafs). This is supported by the narration where a man brought the perpetrator to the Prophet (peace be upon him), confessed, and the Prophet commanded him to kill the perpetrator. Furthermore, the requirement for the Sultan's presence is not established by explicit text, consensus, or valid analogy.