Is a man to be executed in retaliation for killing a woman?
General Chapter
Al-Mughni
Book of Wounds
Primary text
The established scholarly position, held by Al-Nakh'i, Al-Sha'bi, Al-Zuhri, Umar ibn Abd al-Aziz, Malik, the People of Medina, Al-Shafi'i, Ishaq, the People of Opinion, and others, is that capital punishment is required, with the killer's kin paying half the Diyah. Evidence for this is found in the Quranic verse commanding 'Life for life' and 'The free for the free,' alongside general texts. Furthermore, it is established that the Prophet (PBUH) killed a Jew who had crushed the head of a girl from Al-Ansar. A well-known document attributed to the Prophet (PBUH) regarding the people of Yemen states explicitly that 'a man is killed for a woman.' Since capital punishment is incumbent, no additional payment is due from the executioner over and above the Qisas itself, similar to other instances of Qisas where differing values or religions do not negate the application of equivalent punishment.
Supporting text
A narration attributed to Ali (RA), Ahmad, Al-Hasan, and 'Ata suggests that a man is killed for a woman, and his relatives pay half the Diyah. Proponents of this view argue that since a woman’s blood money is half that of a man, the remaining value should be settled by payment when the man is killed for her.