Law Of Qisas And Diyat
Diyat only becomes applicable when both the state and the aggrieved party agree to it. If state reaches a conclusion that crime be punished through Qisas, then no Diyat will come into play. However, once the state decides that Criminal deserves some liniency through Diyat, they will refer the matter to the victim’s heir. It is only after the victim’s heir agree to diyat, diyat will be applied. If they don’t agree to Diyat, the case will revert back to Qisas application. Unfortunatley, this is not accepted in Hanafi Fiqh, they refer the whole matter of Qisas and Diyat to the victim’s heris. For further details , in addition to the link shared by Faisal Sahab, please also refer to the video below from 40:50 to 45:54 https://youtu.be/agkUTz0p4Lw?t=2450