Is retribution (qawad) mandatory for intentional killing if the requirements are met?
General Chapter
Al-Mughni
Book of Wounds
Primary text
Retribution is mandatory only for intentional killing when all its conditions are met, and there is no disagreement among scholars on this point. The Quranic verses mandate this: 'And whoever kills a believer intentionally, his recompense is Hell' (Quran 4:93), and 'Retaliation is prescribed for you in the matter of the slain' (Quran 2:178), and 'And We have decreed for them therein: a life for a life' (Quran 5:45). The Prophet (peace be upon him) stated: 'Whoever is injured by bloodshed or disfigurement has the choice among three options...' and 'For whoever has a slain person, he has the choice between two things: either to accept blood money (wady) or to exact retribution (qawad).' The Hadith further clarifies: 'Intentional killing mandates retribution, unless the heir of the slain pardons.'
Supporting text
A prerequisite for retribution is the unanimous agreement of all eligible heirs to demand it. If one heir pardons, the entire claim for retribution falls. If an heir is absent or not yet legally responsible (minor or insane), others cannot proceed with retribution until the absent heir arrives and chooses it, or the minor reaches maturity and makes a choice.