Is it permissible for the killer to provide a surety (Kafil) for his own person to secure his release?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 2 · Bab 2

Open in Qurani

Primary text

It is not permissible for the killer to provide a surety for himself to be released. Suretyship is invalid in matters of Qisas because its benefit lies in securing the right from the surety if the principal cannot be brought forth, and the right of retribution cannot be executed against anyone other than the killer. This invalidity is similar to its ruling in fixed punishments (Hudud). Additionally, allowing a surety for the killer constitutes deception concerning the right of the protected party (the heir), as the killer might flee upon release, thereby extinguishing the right entirely.