What is the ruling when a single person commits homicide against two individuals, and their heirs disagree on the required penalty?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If the heirs of both victims agree on retribution (qisas), the perpetrator is executed based on both homicides. If the heirs of the first victim demand qisas while the heirs of the second demand blood-money (diya), qisas is executed for the first party, and the heirs of the second receive diya from the perpetrator’s wealth. Conversely, if the first party demands diya and the second demands qisas, the perpetrator is executed for the second party, and the heirs of the first receive diya from his wealth. This applies whether the killing occurred simultaneously or sequentially.
Supporting text
If one party preemptively executes the perpetrator based on their right, the right of the other party converts to diya from the perpetrator's wealth. Abu Hanifa and Malik state that the perpetrator is executed based on the aggregate of the victims (killing suffices for both), and no one can claim diya. If one party preempts the killing, the rights of the others are forfeited because if a group killed one, they would be executed, so if one kills them, he is executed for them, similar to one killing one. Al-Shafi'i maintains that the perpetrator is executed only once, even if both parties agree or disagree, arguing that the individual right to qisas does not merge or overlap due to shared demand, unlike other rights.