Is a Dhimmi put to death for killing another Dhimmi, irrespective of their religions?

General Chapter

Al-Mughni

Book of Wounds

Book 47 · Issue 2 · Bab 1

Open in Qurani

Primary text

A Dhimmi is executed for killing another Dhimmi, whether their religions are the same or different. If a Christian kills a Magian or a Jew, the Christian is killed in retribution. This position was explicitly stated by Ahmad regarding a Christian killing a Magian. The justification is that they are equal in the sanctity of the covenant (Dhimma) and the deficiency of disbelief (kufr), thus retribution applies between them, just as it would if their religions were the same.

Supporting text

An objection was raised concerning retribution when their respective blood money (diyah) differs. The response cited is that the Prophet, peace be upon him, executed a man for killing a woman, even though their blood money differed, supporting the principle of Qisas despite differences in financial compensation.