Hadith Text & Reference

"The Messenger of Allah said: 'If a person's relative is killed, he has the choice of two things: Either he may retaliate, or he may take the ransom."'

Source: Sunan an-Nasa'i 4786 | Book: The Book of Oaths (qasamah), Retaliation and Blood Money

Legal Ruling & Context

This hadith establishes the fundamental Islamic legal principle regarding unlawful homicide. The heirs of the victim are granted the right of qisas (legal retribution) - the option to demand the execution of the killer in a case of intentional murder.

Alternatively, they may choose to forgo retribution and accept diyah (blood money/ransom) as compensation, thereby granting pardon. This choice embodies the Quranic balance between justice and mercy.

Scholarly Commentary

The scholars clarify that this choice belongs solely to the heirs of the victim, particularly the 'awl al-dam' (those entitled to retribution). The state authority implements their decision but cannot compel them to choose one option over the other.

This ruling applies specifically to cases of intentional homicide (qatl al-'amd). In cases of quasi-intentional or accidental homicide, diyah is typically the prescribed ruling without the option of qisas.

The wisdom behind this divine legislation is to prevent cycles of tribal vengeance while upholding the sanctity of life, allowing for reconciliation and the healing of social bonds through the mechanism of forgiveness coupled with financial compensation for the family's loss.