What is the ruling on settling the right to retribution (Qisas) for a negotiated amount exceeding the prescribed blood money?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
The individual possessing the right to demand Qisas has the authority to settle this right for an amount greater than, equal to, or less than the prescribed Diyah, and there is no known disagreement on this matter. This is based on the report from 'Amr ibn Shu'ayb, from his father, from his grandfather, stating that the Messenger of Allah said: 'Whoever kills intentionally is delivered to the heirs of the slain. If they wish, they may execute him, or if they wish, they may take the Diyah: thirty pregnant young she-camels, thirty mature young she-camels, and forty pregnant she-camels, and whatever they settle for is theirs.' This ruling is established to emphasize the gravity of murder. Furthermore, it is permissible because it is compensation for something that is not monetary wealth, thus allowing settlement by mutual agreement, similar to the Mahr (dowry) or compensation in Khul' (redemption of divorce).