Who manages the execution of Qisas (retaliation) when there are multiple legal guardians (Awliya)?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
When multiple legal guardians are entitled to Qisas, and they disagree on the administrator for execution, they must appoint one of themselves or another individual to act on their behalf. It is impermissible for all of them to undertake the execution jointly because this constitutes tormenting the perpetrator and involves multiple actions. If they cannot agree on a single administrator and dispute the matter, and each guardian is competent to execute it, lots (Qur'ah) must be drawn among them. This is done because when rights are equal and there is no basis for preference, recourse is made to lot drawing, similar to disputes over marrying off a female ward. The one upon whom the lot falls must be authorized by the others, but they may not carry out the execution without the authorization of all. If they do not agree on appointing one person, execution is prohibited until they make an appointment.