Is a Muslim executed (Qisas) for the killing of any type of unbeliever (Kafir)?
General Chapter
Al-Mughni
Book of Wounds
Primary text
A Muslim must be executed (Qisas) for the killing of any unbeliever, regardless of their category. This is narrated from 'Umar, 'Uthman, 'Ali, Zayd ibn Thabit, and Mu'awiyah, and it is the opinion of 'Umar ibn 'Abd al-'Aziz, 'Ata, Al-Hasan, 'Ikrimah, Al-Zuhri, Ibn Shubrumah, Malik, Al-Thawri, Al-Awza'i, Al-Shafi'i, Ishaq, Abu 'Ubayd, Abu Thawr, and Ibn Al-Mundhir. The primary evidence is the Prophet's saying: "Muslims' blood is equal among themselves, and the lowest of them grants protection, and a believer is not killed for an unbeliever." This is narrated by Imam Ahmad and Abu Dawud, with variations including: "A Muslim is not killed for an unbeliever," narrated by Al-Bukhari and Abu Dawud. Furthermore, 'Ali stated that it is from the Sunnah that a Muslim is not killed for an unbeliever (narrated by Imam Ahmad).
Supporting text
Al-Nakha'i, Al-Sha'bi, and the Companions of opinion (Ashaab al-Ra'y) hold that a Muslim is only executed for the killing of a Dhimmi (covenantal non-Muslim). Ahmad expressed astonishment at the view that the blood money for a Magian, Jew, or Christian is like that of a Muslim, stating that the Prophet peace be upon him said, "A Muslim is not killed for a Kafir." They used general proofs and the narration by Ibn Al-Bilmani that the Prophet executed a Muslim for a Dhimmi, saying, "I am more deserving of fulfilling my pledge."