Is a father subject to Qisas for killing his own son?

Primary text

A father is not subject to retribution for killing his son, irrespective of the son's lineage (whether through sons or daughters). This view is attributed to Umar ibn al-Khattab, Rabi'ah, al-Thawri, al-Awza'i, al-Shafi'i, Ishaq, and the Ahl al-Ra'y (Companions of Abu Hanifa). The evidence supporting this is the saying of the Prophet (peace be upon him): 'A father shall not be killed for his son,' narrated by Umar and Ibn Abbas. This narration is considered well-known and established among the scholars of Hejaz and Iraq, sufficient to negate the necessity of a full chain of narration. Another supporting evidence is the Prophet's statement to Hasan, 'You and your son belong to your father,' implying a kind of ownership that raises a doubt (Shubha) which serves to ward off Qisas, as the right to retribution is repelled by doubts. Additionally, the father is the source of the son's existence, and thus should not be subjected to execution due to that very relationship.