With death, in Islam, punishment is quite clear:
a) death, b) di'a, or c) forgiveness, and the final decision rests with the family of the victim.
However, for the 'Xeer' crowd, clans have existing laws, where death is concerned, and the question is what is the 'xeer' between the two clans in question? With that in mind, if the victim's family agrees with the villain's to settle the matter, on the basis of existing 'xeer', with (b) or (c) applied by default, then the murderer could walk free. This not only removes power of decision making from the victim's family, but encourages vagaries of the law, which further breeds injustice and iniquitous practices.
Postscript:
For the proponents of removing Shari'a from the Constitution, and the liberal crowd, replacing Shari'a with Xeer along with man-made laws, here is a case where you may not like what you are advocating for. Just to highlight the relevance of what is being wished for.
a) death, b) di'a, or c) forgiveness, and the final decision rests with the family of the victim.
However, for the 'Xeer' crowd, clans have existing laws, where death is concerned, and the question is what is the 'xeer' between the two clans in question? With that in mind, if the victim's family agrees with the villain's to settle the matter, on the basis of existing 'xeer', with (b) or (c) applied by default, then the murderer could walk free. This not only removes power of decision making from the victim's family, but encourages vagaries of the law, which further breeds injustice and iniquitous practices.
Postscript:
For the proponents of removing Shari'a from the Constitution, and the liberal crowd, replacing Shari'a with Xeer along with man-made laws, here is a case where you may not like what you are advocating for. Just to highlight the relevance of what is being wished for.
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