Does the difference in religion or freedom status between a father and his child affect the waiver of Qisas?

General Chapter

Al-Mughni

Book of Wounds

Book 47 · Issue 6 · Bab 1

Open in Qurani

Primary text

The waiver of retribution remains in effect whether the father and son have the same status regarding religion and freedom or differ in them. The exemption from Qisas stems from the honor of parenthood (*sharaf al-ubuwwah*), which exists in every circumstance. Therefore, if a disbelieving father kills his Muslim son, or a Muslim father is killed by his disbelieving son, or a slave kills his free son, or a free person kills his slave son, Qisas is not obligatory in the case where the father kills the son due to the honor of fatherhood, and in the case where the son kills the father, due to the lack of equality (*mukaafa'ah*).