of his wrongdoing therein; therefore retaliation—or the blood money—falls upon the one who issued the order.

If the legally responsible subordinate knew the act was forbidden, he alone is liable, while his commander is disciplined.

Retaliation is not applied when the killer and the victim are not juridically equivalent: a free man is not executed for a slave, nor a Muslim for an unbeliever; a male, however, is put to death for killing a female. Likewise, neither father, mother, grandfather nor grandmother is executed for killing a descendant, however remote, whereas the descendant is executed for any one of them.

If among the heirs there is someone who is not yet legally responsible, the offender is kept in custody until that heir attains legal capacity and can lodge a claim, and no single heir may act independently.

Retaliation is not carried out on a pregnant woman until she has delivered and nursed the child with the first milk (1), nor for an injury to a limb (2) until she has given birth; the same rule applies to ḥadd penalties.

No retaliation may be executed except in the presence of the ruler (imām) or his deputy, with a sharp instrument, by striking the neck.

Section

In cases of deliberate homicide, either retaliation or blood money is due; the legal guardian of the victim’s blood chooses between the two, and pardoning without compensation is the better course.

It is valid for him to conclude a settlement for more than the standard blood money. Yet, if he opts for the prescribed diyah, forgives unconditionally, or the killer dies, the standard amount becomes fixed.

If he appoints an agent to carry out the retaliation and then pardons the offender without the agent’s knowledge, no liability is incurred by either of them. Should retaliation or a taʿzīr for slander be owed to a slave, the right to demand it—or to waive it—belongs to the slave; and if the slave dies, it passes to his master.