Is a Muslim executed (Qisas) for the killing of a resident alien (Musta'man)?
General Chapter
Al-Mughni
Book of Wounds
Primary text
Abu Hanifah and the general body of scholars agree that a Muslim is not executed in retribution for the killing of a resident alien (Musta'man). This is the famous position of Abu Yusuf. The rationale is that the resident alien's right to life protection is not perpetual, resembling a combatant (Harbi), in addition to the evidence provided in the previous dispute.
Supporting text
There is a narration from Abu Yusuf, contrary to the main view, that a Muslim is executed for killing a resident alien, aligning with the ruling concerning the Dhimmi. The evidence for the main view is that the Musta'man does not possess permanent sanctity of blood, unlike the Dhimmi.