Channel: Hatem al-Haj
Series: Hatem al-Haj - Fiqh of Penalties
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smilla from the Lhasa sommerset allowed
to proceed. Well today inshallah we will go over the rest of the chapter on the conditions of the obligation of causes
and we will try to cover
inshallah Allah, the conditions of execution of classes or equal distribution and also a laugh which is part of the link
and the supported classes, when does the obligation become void
or the obligation of causes become void. So, you haven't put Mr. Han Allah says here in his book alarm the first the way you start to realize is the federal passes through Roatan selasa Tada Ania corner the mocha left in Canada a very hot cocoa and color let me address is the fellow who Stouffer viral mocha Luffy haka, hobin fc at the sub section, there are three conditions for the actual execution of retribution. First, the blood custodian must be more careful of if it is not for if it is for a nanoka love. Or if one of the blood custodians no matter how small his share is not more left than taken retribution is not permitted. If the non McCann left executes the retribution
himself, it will suffice. Okay.
So last time, we were talking about the conditions of obligation,
okay, and that can be conditions of obligation of after sauce is when does kisses becomes obligatory if you have a mocha left.
So someone who's liable not a child or someone who's insane kill I'm assume someone who is inviolable
and that they are equal.
And then the Hungary madhhab equality refers to equality in religion and freedom.
And as we said before in the Hanafi, madhhab
that condition of equality is not there,
when it comes to the more I had or the zoom me in the hunt of females,
as we discussed before, there is retribution from a Muslim for getting a
camo hat a non Muslim living in a Muslim land
with a common covenant, so a covenanted non Muslim and the freedom also the same applies here it would not apply. So, this is a this is a condition according to the honeyberries and honestly according to the majority, but not according to the HANA fees
So, but certainly the HANA fees will apply this if it is between a Muslim and a Hubby, for instance. So they will not kill a Muslim for getting Harvey Harvey is like a warning enemy. And no one would would certainly do that
have any background of any religious background and then the you know, one or the other condition is not one of them is not the parent of another one of them is not the parent of another. So these are 1234 condition for intentional murder to weren't equal retribution. Now. Now, it's obligatory now kasasa is obligatory when we must carry it out. There are conditions now that we will discuss to actually carry it out to carry out the equal retribution and there are three conditions to carry out equal retribution, what are they? So these are the conditions of obligation. What are they? One of them is that the person entitled to it that is where they add them, that is the blood custodian,
that is the family the kin that have the right to demand equal retribution, the heirs, the heirs of the victim, or the heirs of the victim, including the spouses.
Is the wife or the husband.
So we want all the areas of the victim that would be entitled to inheriting from the victim to be Mukunda
to be more can love because if they are not McCann love, they cannot demand that they cannot make the decision.
So, child or minor and insane they cannot make the decision.
But they do need to be Micallef to make another decision and they need to all agree if one of them this agrees, then there will not be equal retribution all will go to the the oral off, which is like part of that anger without the and then the third condition for to carry out equal retribution would be Amanita rd, an amulet rd is guarantee of non transgression guarantee of non transfiguration
that would be attacked the three conditions. The first one, you know, having to put them at talks about here is to be amaka love. What if it is not? What if I have a child of the year, or someone who's insane if I have a child or someone who's insane in the authorize the view and the Hanbury murder,
the murder will be locked up until
or sanity, okay. And then when they reach puberty or sanity, they can make up their mind. And there is another position in the math that says that when the Guardian can make that decision on their behalf,
there is another position in the math that says the rest of the family members will make up the decision without counting the preference of the nanoka left or the child.
But the authorized position is this so locked, and
we will lock up the vector the murder until the child reaches puberty and then he can demand the sauce or there he can demand equal retribution with the rest of the family or the so what if, by the time he reached puberty, someone who was entitled dies, the heirs of the person that were entitled to the blood of the victim, the first victim, the you know, well take their place in that entitlement. And then so everybody will, but it could also be Lucas cycle. And that is why so as some said, The Guardian will be able to make that decision. And
and, at least when it comes to the guardian of the insane if the guardian of the ends if the insane is poor, the guardian of the insane can make that decision to get the the the spend on the insane from there.
Because insanity in particular, there is no guarantee when you can recoup from that there is no guarantee when you can recoup from that whereas a child we know that you know they'll get older I mean if they don't die, they will get older. So it's either this or is that so that is the first condition here.
Yes if it is the rcni into the point where they are unable to make a decision there then yes they would basically someone who does not have the faculty
in the intellect to make that decision
assignee the second condition at the Faculty of man was the happiness defy for me as an fi about oh canopy. Let me address this defect for any stokfella abbadon Farah pisarra e to the
E hopko. Home feed dedicated journey. Second all of the intitled blood custodians must agree on the execution of retribution. If some of them do not make them sell them. Some of them do not agree or are absent retribution may not be executed if one of them cares
Is it out there will be no retribution against the him, but he will owe the remaining portion of the indemnity, his co heirs will be entitled to their shares of the indemnity taken from the mergers estate
taken from the mergers estate, okay, so now I have three brothers,
brother, a BC, these three brothers, someone killed their father.
Someone killed their father.
And they're all entitled to basically move them and basically the wife, also of the man, they're all entitled,
they have to agree. So the wife and three children have to agree, these three children could be like, like, boy, boy, girl, they have to agree with the wife, all of them have to agree with a life. What if someone said no, I don't want equal retribution. I wanted that they're all of them would have to accept it.
So one, it takes one to say I wanted to do not equal retribution
for for the merger to basically be exempt for the other chefs who are
yes if they have a say to this like if they say to see what like how much money do you are you expecting 30 cameras will give you the 30 cameras whatever it is, I'm him will give you the 30 accounts
all agree in court to ask for equal distribution Yeah, of course, we can do that if they want.
Now, if so, so, let us say that some
one of them was absent One of them was absent and these to the side that to go on with equal retribution without asking the apps into waiting for the absent and the absent comes and says you know, I wanted the day I did not want the equal retribution they'll have to pay him but in the in the hand very matter of if someone carries out the key sauce the authorize the view,
the authorize the view is that if someone carries out the sauce, even though you know, one did not want it or one wanted that there or for both of them wanted to do, let's see all of them wanted the data be insisted and carried out Ducky sauce. Okay, he will not be liable for Kevin. But he will Oh, he will Oh, the the family of the victim or the family. I'm sorry, the family of the offender. Now the offender will be killed he will kill the offender. So the original offender he will owe the family of the original offender that there
minus his share.
Because he's entitled, like let's say this is a wife and four for ease. Let's say these are three boys, the wife will get 1/8
and the three boys will get seven eighths.
So multiply this by three.
and multiply this by 312 v 21. So each one of the children will take you will get seven over 24 and the wife will get three over 24 Okay.
he goes ahead and kills the kills the person who kept their father
be well have to give
to the family of the person who killed their father.
That they are minus his share which is seven over 24 seven over 24 so you will have to give them
24 minus seven is 1717 over 24 of the day. That family of the
first offender will owe the 17 over 24 to
the rest, who did not carry out lucky sauce who wanted the day. The weaker position in the man's hand says instead of doing it this way,
let us make this person who carried out the pieces, oh, his relatives, you know the rest of the day and instead of owe it to the family of the victim, the family of the offender and then the family of the offender, own it to the rest of the
blood custodians to make him pay to
rent the checks as
well as the multi sauce co luminaries. Could luminary Salima Allah Allah Qadri, Mauricio him all the victims coup errs deserve the right of the sauce in proportion to their shares of the inheritance all the like I said the wife she deserves the right episodes that cousins cannot be divided the life is a life you can divide the life It will be the day that will be divided in proportion to their shares. But sauce anyone who owns any ride or has any entitlement to disaster, no matter how small that is like one over 72
whatever it is no matter how small could be even less
they will have the right to forgive and if they forgive that said there is no equal distribution. And it will go back to that they
get their share. Then the sad a fatty phenomenon at Tod D Felicity. Fellow Gannon journey Hamadan, lemmya Josie stevia aka saucy minha v nap, seen what drove him, what is the fat we'll have the men who
were stuck in here. And
third assurance of no turns aggression in execution. If the offender is a pregnant woman, it is not permissible to carry out pithos whether in retaliation for murder or a wound, nor is it permissible to execute the heart until she gives birth, and her child becomes independent of her. So an avatar, the non transfiguration non transfiguration is not only about the pregnant woman, but the example of the pregnant woman is clear, the pregnant woman who kills someone, we cannot kill her. Until, you know, the pregnant woman also deserves a had like a fixed penalty if for anything for Xena for anything, we cannot get her because like her fetus is not responsible for her crime. So that would
be transgression to get her and her fetus. If she deserves getting, then you know you can. So what you will do is to wait until she gives birth and then she gives the colostrum alaba cola colostrum
to the baby. And once she has given the classroom to the baby, if there is someone else who the breastfeed them, then the execution can be carried out. If there is no one else to breastfeed him, you will defer the execution until she finished until she wins the child. So as a pregnant woman, and that's part of Islam sort of like protection of the rights of the fetuses.
And if she claims to be pregnant, then we lock her up until you know, we don't have to lock her up. If it is a heart, she can go home if it is a heart, but if it is a crime against a person, then we lock her up until she until we figure out if she's pregnant or not.
What else Okay, so now I'm doing a Tod D which is non trans aggression is not only limited to a pregnant woman, but if I like cause a wound or fracture that cannot be reproduced in the offender with exactness.
Then it will not be so like you cut someone's
lamp but not for from an Epson not from a joint.
They said that can to be reproduced with a gay extreme, or you breaks the skull of someone Well, if we with equal retribution is carried out, there is no guarantee that
That will not kill the offender. Well the first victim the victim will did not die hamdulillah but if we try to execute the sort of equal retribution, we make him the offender. So since nonsenses and transgression since we have no guarantee against non trans aggression, we will not carry it every time we cannot carry out the Eco eco retribution it will be faulted to their compensation, blood money unless the victim forgives or pardons the offender and then in this case, they will have their award in the year after
Then did you accept okay subsection their obligation becomes void if one of the following occurs fast lawyers could bother would you be more than selasa I had a laugh
so now he will talk about when does it drop it drops in one of three conditions
part of it in
And then the third one is the dusts of the offender
course like if he that died or she died.
equalizer music can you kind of Excuse me, sir, inheriting the entitlement if you inherit, like if you are the offender and then you inherit the right equal retribution and we'll talk about that shortly. So So the first one How do I if I want Bobby?
Bobby, on happy hour and Bobby Sakaba cola? What about being a hakama deer? We're in Canada half water man fella hakuho minute there were Illa Felisa illustre
first pardoning, so if some of the CO heirs waive the right to all or part of the retribution, it all becomes void and the remaining co heirs are entitled to their share of the indemnity. If bargaining was in return for compensation, he will be entitled to his share of the indemnity otherwise, he will be only entitled to the reward of the Hereafter, as we said before, what it takes one person to forgive or to pardon and equal retribution is not executable anymore, everything defaults to the data, and everybody gets their portion of the data based on their inheritance, portion of inheritance.
So, that is an off and then it says that you know, who could be good or not. So pardoning could be,
you could pardon and demand that there or pardon and for like, forego the day so pardoning with compensation, pardoning without compensation except the compensation in the year after which is certainly great.
But even I'm a man had to take like an interesting and wise take on film and a half hour US law, for agile who, Allah Allah in the Quran.
So he forgives, he says, Allah says he forgives and causes reconciliation.
Azuma also means causes reform. So it could be causes reconciliation,
For Andrew, who the reward Allah would be with Allah. He said that, if war does not always lead to this, half will become superior to pardon the offender becomes superior if it leads to reconciliation and reform. If a halfway leads involved in anger, the offenders involved in the offender's than AP was inferior AP was not superior in this case. So, we have to use our minds The objective of AP needs to be realized if the objective of AP will not be realized through
the opposite. When will take place, then half will becomes inferior
Then the chief said the second condition the first level, not the second condition, but the first. Basically
the first factor to cause the equal attribution to drop is off when the second is an aerosol carton, he says a felony and here is a carton
Bardwell ID, Cheyenne, Min, dummy. Second if the killer inherits the entitlement to retribution, or if one of his offspring does, if one of his offspring does, how do you inherit the entitlement to retribution? This is easy. So like,
kills his father.
Isn't that doesn't the child have the right to inherit from his father? Yes. Then he inherited the right to equal retribution. Correct? No, not correct.
Yeah, because the Prophet said, Madison's got it. So the murder was not in here.
But who inherited the right to equal retribution. In this case, the wife of the victim, She is the mother of the child, let's say shortly thereafter, see that
he inherited from her the right to equal retribution.
And in this case, he will not be killed because you inherited the right to your own blood.
So that's an example. So what about the other example that he's we can use a keep that same drawing, keep the same drawing.
This woman killed this man who inherits the right to equal retribution. His Son, she doesn't inherit even though she's his wife, because she killed them, but the son inherited canvas on demand the death of his mother, no.
Which makes it like you know, but this is
the view of it's a controversial issue and there is another view that that these things will not cause the right equal retribution to drop and the Muslim less this goes back to
the parent can be a killer. Yes, it goes back to the parents Academy k cannot be
so apparent will not be killed for their child.
And then a child cannot demand the death of their parent. So at any rate, the Muslim legislature is a win win, choose of the different positions, different scholarly positions, those that are more suitable
than sex. a fad if any, a motor cartel fast quote, fast put whatever they are to V 30 get a third of the killer dies then pithos will not be executable and the indemnity will be binding on his estate. So if that the killer dies, then there is no ego retribution, here's tribution from home from home, and then it will default there and they will be binding on the state of the offender. So the heirs of the offender before they divide his inheritance they will have to pay their
while our cut our head on his nine year Hamdan factory Africa I will
partly be managers were intisar whole film was tofi coti. Level one one is certainly there for insocoat is also one for the Alia is any, Steve? Well, if one person intentionally kills two people and their blood custodians agree on having him killed in retaliation for both, he will be killed in retaliation for both.
If they dispute over the execution of retribution he will be killed in retaliation for the first and the CO heirs of the second will be entitled to the indemnity of the right retribution for the first becomes void the blood custodians of the second will be entitled to carry out pithos.
Okay, so one person kills two people. One so X, Y, and Z.
The family of
y&z agreed let us carry out equal retribution. And they agreed among themselves that one of us doesn't matter what were carried out or we will have the Imam the authorities carried out.
So we reached an agreement, then they can do and that's it all that
if they if they compete among themselves no we want to kill him for our
sort of relative they said we weren't getting further they said that we want to get in for our law relative what happens in this case
we were the first victim The one who died first one was guilt first the family of the first victim would have the right to equal retribution. The second family will take the
sometimes like if if the second family of the if the first family are smart enough to second do it and then they get the day
but anyway, and if we don't know who died first when they draw lots
to determine who has the right to equal retribution and the other family Well, what have the deal What if the First Family whatever the First Family, one person in the first family for parliament,
one person in the First Family party then then the right to equal distribution for this victim drops. Then the second family then will have the right to equal retribution.
And then this exam will still focus also be safe if you know what I mastered OBE l n er for Allah say and viofo Allah behemoths law, bizarre is exacted by striking the neck with a sword, he will not be mutilated unless he killed the victim in a certain way, in which case he may be subjected to the same he may be subjected to the same now,
it has been reported in Bokhari that like a little girl was killed. And she asked,
she was asked when she was dying, who killed me who can do and she said that Jewish man killed her to steal her jewelry. And the prophets all sudden, it was reported that he brought the Jewish man until he confessed. And that's that's the whole point that he confessed otherwise, you can't really base the death penalty on
the claim of the girl.
so the Jewish man confessed, and then he had killed her by crushing her head between two rocks. And it was reported that the same was done to him. So some of the scholars said whatever you have done, the same could be done to you because that is equal retribution. And some other scholars know it has to be the strike of the sword because that
is a peddler that is sad, and partly that is merciful, the Most Merciful way of getting the fastest quickest. I mean, doesn't look that you know.
But it is the fastest and quickest, fastest and sort of least painful,
at least in their times.
So the strike of the sword in the Hanbury man's
a requirement for them and many in the middle generation, they chose that there is an option here, the strike of the sword or whatever was done
to the victim and who gets to choose the family of the victim.
And the latter generations the authorized the view and the hungry mother is not does not give the choice, but it is
the strike of the sword as the only way of execution of equal retribution as the strike of the sword.
So that is basically a quick overview of the conditions not of obligation, but the conditions of execution.
When does it drop and we talked about half
or part of the name.
Next time in sha Allah, we will talk about the stock for the path or partner partnering in murder protocol the
protocol Mohammed actually learns