Is a mother subject to Qisas for intentionally killing her own child?

General Chapter

Al-Mughni

Book of Wounds

Book 47 · Issue 5 · Bab 1

Open in Qurani

Primary text

The soundest position is that the mother is not subject to Qisas for killing her child, adhering to the Prophet's saying, 'A father shall not be killed for his son,' which applies analogously to the mother as one of the two parents. She is more deserving of being spared retribution due to her greater right to kindness. The established principle that waives Qisas for the father (the merit of parenthood) applies here, and the lack of legal authority (Waliyah) over the child is irrelevant, as evidenced by the waiver of Qisas for the father killing an adult child over whom he has no authority, and for the grandfather who also lacks such authority.

Supporting text

An alternative reported view suggests the mother is killed for killing her son because she lacks guardianship (Waliyah) over him, making her subject to Qisas like a brother. This position is based on a report concerning a female slave who killed her master, where the ruling implied the child would execute the mother.