What is the ruling when the heirs of two separate victims both demand independent retribution against the single perpetrator for their respective victim?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If each heir demands independent retribution (qisas) for their respective victim without sharing the act, the heir whose claim was first established is prioritized, as their right became secured over the perpetrator through the initial slaying. If the first heir pardons, the second heir may then seek execution. If the second heir demands execution before the first, the judge must inform the first heir. If the second heir preemptively kills the perpetrator, this act is deemed improper, and the right of the first heir converts to blood-money (diya). If the first heir is absent, a minor, or insane, the case must await their capacity.
Supporting text
If all heirs agree to accept blood-money (diya) instead of execution, that is permissible. If the perpetrator is killed simultaneously by multiple claimants, and they dispute who carried out the act, a lottery is drawn, and the one selected takes the right, due to the equality of their rights. If another party preemptively kills the perpetrator, that right is fulfilled, and the rights of the remaining parties convert to diya. If they kill sequentially and it is unclear who struck first, or if all claim to be first without proof, the perpetrator’s admission prioritizes one claimant. Absent admission, a lottery is drawn because their rights are equal.