If multiple individuals jointly kill one person, must all of them face Qisas?
General Chapter
Al-Mughni
Book of Wounds
Primary text
When a group participates in killing one person, Qisas is incumbent upon every one of them individually, provided that each individual, acting alone, would have warranted Qisas. This is the established position supported by 'Umar, 'Ali, Al-Mughirah ibn Shu'bah, and Ibn 'Abbas. It is the view of Sa'id ibn al-Musayyib, Al-Hasan, Abu Salamah, 'Ata', and Qatadah, and it constitutes the school of Malik, Al-Thawri, Al-Awza'i, Al-Shafi'i, Ishaq, Abu Thawr, and the Ahl al-Ra'y. The rationale rests upon the consensus of the Companions (Sahaba), as documented when 'Umar ibn Al-Khattab executed seven men for killing one person, stating he would have executed them all had the entire population of San'a conspired. Similarly, 'Ali executed three men for one killing. This is analogous to the prescribed penalty for slander (Qadhf), which is established against a group for a single offense.
Supporting text
A dissenting narration attributed to Ahmad holds that they are not subjected to Qisas but must pay Diyya. This view is held by Ibn Al-Zubayr, Al-Zuhri, Ibn Sirin, Habib ibn Abi Thabit, 'Abd al-Malik, Rabi'ah, Dawud, and Ibn Al-Mundhir. Another view suggests that one individual from the group should face Qisas, and the remaining individuals should pay their shares of the Diyya, based on the Quranic principles of 'a life for a life' (Quran 2:178 and 5:45), implying that only one life should be taken for one life. Rejecting multiple executions is also justified by the principle that disparity in description (like social status, where a free person is not executed for a slave) prevents equivalency, and disparity in number is more significant.