What is the ruling regarding a person who kills a rebel when killing them is forbidden?

General Chapter

Al-Mughni

Book of Fighting Rebellious Groups

Book 49 · Issue 5 · Bab 1

Open in Qurani

Primary text

If a person kills someone whom it was forbidden to kill, he is liable for compensation because he killed a protected life whom he was not ordered to kill. There are two views regarding retribution (qisas): the correct view is that retribution is not obligatory because there is a difference of opinion among the Imams regarding the killing of rebels, which constitutes a legally ambiguous situation (shubha) that repels the mandatory nature of retribution.

Supporting text

One view suggests retribution is obligatory because the killer has caused the death of a protected life equivalent to the crime.