Is capital punishment (Qisas) executed by means other than the sword when the killing was done by means such as a stone, collapse, drowning, or strangulation?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
There are two narrations regarding executing Qisas using the method of killing employed by the perpetrator if it was not with a sword. The first narration permits execution by matching the act. This is the position of Malik and Al-Shafi'i. The evidence for this view is what was previously established at the beginning of the matter, which is the principle of reciprocity.
Supporting text
The second narration holds that execution can only be carried out by striking the neck with a sword. This is the position of Abu Hanifa concerning killing with a heavy iron object, according to one narration, or if the injury was inflicted and the victim died. This view argues that matching the act does not guarantee against an excess beyond what the perpetrator did, similar to how one does not execute Qisas using a blunt or poisoned instrument, or by matching an amputation done with a dull or poisoned instrument. Furthermore, since apostates (Murtadd) are not executed by such means (e.g., forced consumption of wine or by sorcery), Qisas should not be executed by them.