What is the obligation of the Sultan regarding the instrument used for executing Qisas?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If the heir intends to enforce Qisas, the Sultan must inspect the instrument used for execution. If the instrument is dull or blunt (kalalah), the Sultan must prevent its use to avoid unnecessary tormenting of the executed person. If the instrument is poisoned, the Sultan must also prevent its use because it corrupts the body and might prevent proper washing (ghusl). If the heir proceeds with a blunt or poisoned instrument, he is subject to punitive measures (ta'zir).
Supporting text
The evidence for ensuring humane killing is the hadith of Shaddad ibn Aws, wherein the Prophet (peace be upon him) commanded: "Indeed, Allah has decreed excellence (ihsan) in everything. So when you kill, kill well; and when you slaughter, slaughter well; let one of you sharpen his blade and comfort his animal."