incorrectly, qisâs will be necessary. The walî who has the right of inflicting qisâs on the murderer is (any one of) the inheritors of the deceased. If a person proves that a certain person has killed his father intentionally and yet his brother cannot be found, a qisâs will not be inflicted on the murderer until the plaintiff’s brother shows up. The accused will be kept in prison. When his brother appears, the qisâs will be executed if the accuser proves the crime by way of evidence again. If the murderer proves that the plaintiff’s brother has forgiven him, the qisâs will no longer be applicable. It is stated in Hadîqa, in its section dealing with ruinations incurred by way of speech: “As fâsiq people and bid’at holders commit sins, it is not permissible for a person who is unable to prevent them to watch them, unless there is a darûrat to do so. For that matter, a scene at which someone is being put to death, executed, or tormented as a result of blatant injustice should not be watched. As an unfair penalty of that sort is being inflicted, it should never be watched, since death with cruelty is a probable event. It is stated in a hadîth-i-sherîf: “Do not attend a scene at which someone is being killed with dhulm (injustice, cruelty)! Damnations will shower on a person who does not rescue the victim although he is present at the scene.” Hence, it is permissible to watch someone being put to death or beaten, if it is a punishment commanded by Islam. It is not permissible to watch a flight of a shooting star, either, since it has a deleterious effect on the eyes.
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