If the minor or the insane heir entitled to retribution is in need of financial support, only the guardian of the insane person may waive the qiṣāṣ in return for blood-money, because no one knows when the insanity will cease—unlike childhood, which is certain to end.

Second condition: All the heirs or co-claimants must unanimously agree to carry out the retribution; none of them may act on his own, for enforcing qiṣāṣ is a shared right that cannot be partitioned. Should some proceed without the rest, they would be exacting the right of others without their permission, and they possess no authority over them.

If one of the co-claimants is absent, or a minor, or insane, the execution is deferred until the absentee returns, the minor reaches majority, and the insane person regains sanity. Should any entitled claimant die, his heir takes his place.

If even one of the co-claimants pardons the offender, the right to qiṣāṣ is nullified.

All heirs—whether through lineage or legal cause, male or female, adult or minor—share equally in the right to retribution. Some scholars, however, restrict the power of pardon to agnatic heirs (ʿaṣabah) alone. This is the view of Imam Malik, one narration from Imam Ahmad, and the opinion favored by Shaykh al-Islam Ibn Taymiyyah.

Third condition: The execution of qiṣāṣ must be safe from extending to anyone other than the offender, in line with the verse, “And whoever is killed unjustly—We have granted his heir authority, but let him not exceed limits in killing; indeed, he has been supported.” (Q 17:33)

If exacting retribution would overstep its bounds, it becomes excess, and the noble verse forbids that. Thus, when qiṣāṣ is due against a pregnant woman—or a woman who conceives after it has become due—she is not executed until she has delivered her child, for killing her would harm the fetus, an innocent soul. Allah the Exalted says, “No bearer of burden shall bear the burden of another.” (Q 6:164)