Is the execution of a murderer carried out if the deceased was mutilated or lacked senses while the killer was sound?

General Chapter

Al-Mughni

Book of Wounds

Book 47 · Issue 1 · Bab 1

Open in Qurani

Primary text

Consensus exists that a free Muslim will be executed by his killer, even if the deceased was mutilated or devoid of senses, while the killer was whole and sound in creation, or vice versa. Similarly, differences in knowledge, honor, wealth, poverty, health, weakness, age, or social status between the victim and killer do not prevent retribution (*qisas*), by agreement. This is evidenced by general proofs previously recited, and the statement of the Prophet (peace be upon him): "The blood of believers are equal in value." Furthermore, considering equality in attributes and virtues would lead to the complete nullification of retribution, causing the loss of its wisdom for deterrence, thus necessitating the disregard of such distinctions, similar to height, shortness, blackness, or whiteness.