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Is it permissible for the slain victim's brothers to kill the murderer if the state does not rule by Islamic Sharia and does not implement Allah's law concerning retribution (Qisas), and the murderer will be sentenced to a prison term not exceeding 7 years?

1 min readAlso available in العربية

Retribution (Qisas) is life for societies. When people are deprived of its implementation, pre-Islamic vengeance and injustice spread. If a Muslim is afflicted by living in a country that does not apply the rulings of Sharia, and he is wronged, he is not permitted to exact retribution himself. This is because those who allow the guardian (wali) to exact retribution himself stipulate the presence of the ruler or his representative. Furthermore, the execution of retribution by the ruler or his representative fulfills the purpose of retribution, which is the preservation of lives. Moreover, entrusting this matter to the judiciary achieves justice. For the execution of retribution, the agreement of the guardians is a prerequisite. If the guardians of the deceased proceed with executing retribution in a country that does not rule by Sharia, they expose themselves to imprisonment and death.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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