Is the death penalty carried out on a group of people who conspired and participated in the deliberate killing of a man?
If a group of people intentionally kill an inviolable person, they are all to be executed (qiṣāṣ) and the Hadd punishment of retribution is applied to them. This is the view of the majority of jurists, such as Malik, Abu Hanifa, Al-Shafi'i, and Ahmad, whether the group is large or small. They based their argument on the fact that the soul is indivisible, and that the participation of a group necessitates integration in the right of each one of them. Furthermore, 'Umar ibn al-Khattab, 'Ali, and al-Mughira executed a group for [killing] one person, and no one repudiated them. If the guardian of the victim's blood (walī al-dam) pardons them, he takes one diya (blood money) from them. He may also pardon some of them, take their share of the diya from them, and execute the rest.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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