As the title implies, is this possible ? I recently saw a YouTube video where this happens. Is this legal in Islam ?

Can the Criminal avoid punishment if the victim forgives him?

For example, a man kills a boy. The boy's father forgives the man and say should that he shoudnt be punished ( imprisoned, sentenced to death etc, ,.) .is this within the limits of Sharia or should the person still be punished ?

  • A dead person can't forgive anybody, so even if the father forgives he is not the victim ...your example is a bit flawy. I guess that you'll need to focus your question and add more details. – Medi1Saif Jul 15 '20 at 14:02
  • Actually that's what happened in the YouTube video. Why don't you check it out ? – TheMadHatter Jul 15 '20 at 15:44

This depends on the crime. Qisas can be forgiven by those who are given the right to extract it, i.e. the family of the murdered, and that is well known:

كتب عليكم القصاص في القتلى ... فمن عفي له من أخيه شيء فاتباع بالمعروف وأداء إليه بإحسان ذلك تخفيف من ربكم ورحمة

Prescribed for you is legal retribution for those murdered ... 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.

Quran 2:178

فمن تصدق به فهو كفارة له

But whoever gives [up his right as] charity, it is an expiation for him.

Quran 5:45

If this happens then the person will not be killed, however they will still be liable to pay diyyah and kaffarah and the state may give them a tazir.

As for Hudud, the violation of Allah's right is dominant in them and once the criminal has been apprehended and convicted it is obligatory to carry out the prescribed punishment.

  • What is Qisas, Diyyah, Kuffarah, Tazir and Hudud ? – TheMadHatter Jul 15 '20 at 17:23
  • Qisas is revenge whereby e.g. the murderer is killed by the family of the victim. Diyyah is blood-money whereby the murderer pays compensation to the family of the victim in return for not taking Qisas. Tazir is a discretionary punishment that the state can enforce when Qisas is not carried out e.g. beating or imprisonment etc. Kaffarah is expiation that the murderer pays in repentance for his sin such as freeing a slave or fasting for two months. – UmH Jul 15 '20 at 17:29
  • Isn't revenge haram ? – TheMadHatter Jul 16 '20 at 4:22

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