is the well-known position of Imam Ahmad (d. 241 AH): it is permissible to conclude a settlement for retaliation (qiṣāṣ) at a figure higher than the standard diyah. The reason, as we mentioned, is that the right belongs to the slain man’s heirs; therefore, they are entitled to refuse any waiver unless they receive whatever sum of money their hearts are content with.
Hence we say: the deliberate murderer’s repentance is sound, on the strength of the verse from Sūrat al-Furqān that we cited—specific to the crime of killing—and also the general verse, “Indeed, Allah forgives all sins” (Al-Zumar 39:53). Allah’s own right is unquestionably nullified by sincere repentance. With regard to the victim’s right, some scholars say it, too, is cancelled and that Allah will assume it on behalf of the penitent killer on the Day of Resurrection; others maintain it is not. The view closer to the truth is that it is cancelled and that Allah, exalted be He, takes it upon Himself. As for the right of the victim’s heirs, that must be addressed: the murderer must surrender himself to the slain man’s children—his heirs—and say, “Do with me as you wish.”
This ḥadīth therefore shows the enormity of taking a life, that it is among the gravest of major sins—Allah’s refuge is sought—and that the deliberate killer is in danger of losing his religion altogether.
- Khawlah bint ʿĀmir al-Anṣāriyyah, the wife of Ḥamzah (may Allah be pleased with him), reported: “I heard the Messenger of Allah (peace and blessings be upon him) say, ‘Some men make free with the property of Allah without right; for them is the Fire on the Day of Resurrection.’ ” Collected by al-Bukhārī.