Is pardon from some heirs sufficient to nullify the right to capital punishment (Qisas)?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
The pardon granted by any one of the heirs who has the right to Qisas—including relatives by lineage or marriage, male or female, young or old—is valid, and Qisas is dropped entirely, with no recourse for the others. This is the position held by the majority of scholars, including 'Ata, Al-Nakha'i, Al-Hakam, Hammad, Al-Thawri, Abu Hanifa, and Al-Shafi'i. Evidence for the virtue of pardon is found in the Quran, specifically concerning the decree of retaliation: "So whoever has received some [Pardon] from his brother [in law, the heir] anything [of blood money], then there should be a pursuit in accordance with what is just, and payment to him with good manner" (Quran 2:178), and "We ordained for them therein: a life for a life... And for the wounds, there is the law of retaliation; but whoever remits it, it shall be expiation for him" (Quran 5:45). Furthermore, the Sunnah indicates the Prophet (peace be upon him) always commanded pardon when Qisas matters were brought before him.
Supporting text
A dissenting view held by Al-Hasan, Qatada, Al-Zuhri, Ibn Shubruma, Al-Layth, and Al-Awza'i is that women do not have the right to pardon. A widely known position attributed to Malik is that the right to pardon is inherited only by the male agnatic heirs ('asabat), as it is established to repel dishonor, thus being exclusive to them, similar to the authority over marriage. Another view suggests the right belongs only to blood relatives, excluding the spouse, based on the Hadith stating the victim's family has a choice between Qisas or taking compensation, where 'family' ('ahlihi) refers to consanguineous relatives.