until a proof comes that can validly restrict it.
They also rely on the general import of His words: “O you who believe, retribution (qiṣāṣ) has been prescribed for you in cases of murder: the free for the free, the slave for the slave, and the female for the female. But whoever is pardoned by his brother, then grant a fair demand and pay him in kindness” (al-Baqarah 2:178). In this verse Allah, exalted is He, made qiṣāṣ obligatory for all victims of homicide, save where another evidence narrows the ruling. In the same breath He equally generalized the principle of pardon—“But whoever is pardoned by his brother…”—without limiting it to one manner of killing over another. Consequently, it must apply to every intentional and unjust homicide, whether committed by way of ghīlah or otherwise.
As for the Sunnah:
The Prophet ﷺ said: “If someone is killed, his family are given two options: either to accept the blood money or to kill (the murderer).” Thus he ﷺ placed the choice between financial compensation and retaliation entirely in the hands of the victim’s heirs for every case of homicide, ghīlah or not.
Another proof is what ʿAbd al-Razzāq narrates from Simāk ibn al-Faḍl: ʿUrwah wrote to ʿUmar ibn ʿAbd al-ʿAzīz about a man who had strangled a boy for some jewelry until he killed him. They found the man with the rope still in his hand, and he confessed. ʿUmar replied: “Hand him over to the boy’s relatives; if they wish, they may kill him.” ʿUmar did not inquire whether the murder was ghīlah or otherwise, nor did anyone object to his ruling.
Analogical reasoning (qiyās):
They argue that, since the crime is a killing unconnected to ḥirābah, it is like every other form of homicide in necessitating qiṣāṣ and accepting the heirs’ pardon, for no relevant distinction exists.
Those who contend that murder by ghīlah entails execution as a ḥadd, not as qiṣāṣ—and therefore cannot be averted by the ruler’s pardon or anyone else’s—also cite the Quran, the Sunnah, and analogy.
Quranic evidence: They maintain that ghīlah murder constitutes a type of ḥirābah, so the punishment is execution as a ḥadd, not retaliation, invoking His words: “The recompense of those who wage war against Allah and His Messenger and strive to spread corruption in the land is that they be killed or crucified…” (al-Māʾidah 5:33).