What is the ruling regarding retaliation (Qisas) against a killer who accepts blood money (Diyah) but then demands Qisas?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
Retaliation (Qisas) is obligatory upon the killer if the victim's heir (the one who has the right to pardon or demand compensation) pardons the killing absolutely or conditionally upon receiving wealth (Diyah). This is the view held by Ikrimah, Al-Thawri, Malik, Al-Shafi'i, and Ibn Al-Mundhir. The evidence is derived from the statement of Allah: {But whoever transgresses after that, he will have a painful punishment} (Quran 2:178). Ibn Abbas, 'Ata, Al-Hasan, and Qatadah interpreted this verse to mean transgression after receiving Diyah. Furthermore, there is a narration from Jabir ibn Abdullah where the Messenger of Allah (peace be upon him) stated: 'I shall not pardon one who kills after accepting Diyah.' The rationale is that the killer has murdered an innocent, equivalent person, thus necessitating Qisas, just as if no initial agreement for compensation had been made.
Supporting text
A differing opinion is narrated from Al-Hasan, stating that only the Diyah should be taken from the killer, and he should not be killed. 'Umar ibn 'Abd Al-'Aziz held that the ruling in this matter is left to the Sultan (ruler).