Is it allowed for the family of a victim to kill the murderer (who killed their son) by themselves if courts do not decide or execute capital punishment?

Answer

Answer

Praise Be to Allah and Peace Be Upon His Messenger.

One of the most important pillars on which the Islamic Shari’a is built is saving a man. Thus, Allah legislates capital punishment when needed to keep others safe, and to let the family of the victim feel satisfied.

However, scholars decided that taking revenge should not be achieved by citizens. Instead, the court should decide that, and people in charge should carry it out. Allah says: “And these is (a saving of) life for you in Al-Qisas (The Law of Equality in Punishment), O men of understanding that you may become Al-Muttaqin (the pious.” Al-Baqarah: 179

Although equal punishment is legislated, and so a murderer must be killed if they intentionally kill an innocent, the execution must not be in the hands of citizens. The court is responsible for doing that. If the family of the victim executes the killing, this will lead to consequent crimes, and it will be a matter of revenge.

If the crime happens in a country where the legislation of Allah is not executed, then the family of the victim must practice patience. In all cases, they are not allowed to take revenge.