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If The The Victim Of Injury Himself Forgives Diyat
My question is that if a person injured some other person in anger, for example finger fractured.
Soon afterwards the injury the assaulter felt strong regret and asked for forgiveness from the person.
The victim was very merciful and he said I forgive you fully and I do not demand any diyat from you. You’re free to go.
Now will it be okay for the forgiven assaulter to not pay diyat?
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If The The Victim Of Injury Himself Forgives Diyat
updated 3 days, 2 hours ago
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If the matter has come to the court of law then final decision rests with the court of law i.e. whether to opt for Qisas of the inflicted wound or for Diyat of the wound. Court can only go for a lower punishment of Diyat if the wounded person agrees to it and the court finds the perpetrator eligible for relaxation, because of the nature of crime and circumstances of the criminal.
However, if the matter has not come to the court yet, then two parties may settle the issue as per their mutual consensus.
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@Umer25 brother this is what I was thinking as well. Because when it comes to legal punishment, like theft, Zina. All these only are under discussion when the matter reaches court, so I thought similarly this should happen as well.
But one ayah confused me that in ayah where qisas is discussed. Surah baqarah 178
“O you who have believed, prescribed for you is legal retribution for those murdered – the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment.”
Words starting from “O you have believed..” This made me feel that is it fard on an individual level, that the victim and the offender both are individually obliged to go to court and do diyah? Because in other prescription of hudud, there wasn’t such words used. In this ayah “ya ayyuhallazina” Are used, I myself got a thought what if this addressee is not the state but the individual people?
Can you please guide me, if I am understanding wrong?
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This verse is not addressing an individual victim, rather it is addressing all the believers as a society, to implement this law on behalf of the victim.
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@Umer25 brother when İ saw videos of ghamidi sahab. While explaining murder qisas. He said that it is not only the duty of heirs but the other people of society also to go for, catch and bring the murderer to qisas (court in this context). Then there for the murderer, only 2 options are possible, either qisas or diyah (in case he’s pardoned) no third option. And this exercise of choosing of whether to punish with qisas, or pardon with diyah was held in court.
So analogously, it would be duty of citizens to report, bring into court the offender of injury, minor or not minor regardless. Although in case if the victim is willing to take the matter in qisas, I understand that it would be duty of people of society to bring the offender to court.
But if the victim himself forgave from start, as in the example. And if this whole situation was witnessed by two or three other citizens. Will it be incumbent on those citizens now to bring the matter to court, so that this law of qisas and diyah is implemented? And also analogously to murder case, only 2 options should be available, either same injury or diyah (in case of pardon) ?
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