Is qisas or diyya to be carried out on one who provided money to youths to assault and kill a person, with the youths' knowledge and undertaking to bear full responsibility? Is his sin considered like the sin of shedding blood, or are the killers alone to be held accountable, and his reckoning remains between him and his Lord?
If a person orders another to kill someone and that person kills them, then retaliation (qisas) is due from the killer who carried out the order, not from the one who gave the order. This is unless the one who carried out the order was a minor or insane, in which case the killing is attributed to the one who gave the order. If qisas is due from the one who carried out the order, then the one who gave the order should be disciplined in a manner that deters him. Blood money (diyah) is not obligatory along with qisas. It is not far-fetched to consider the sin of the one who gave the order to be like the sin of the killer, based on the Prophet's (peace be upon him) saying: "And whoever calls to misguidance, he will have a sin similar to the sins of those who follow him, without diminishing anything from their sins." Nevertheless, the door to repentance is open.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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