What is the prescribed punishment when killing is achieved by burning (incineration)?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
According to some of our companions, burning is not permissible as a means of execution because incineration is considered a prohibition belonging to the right of God Almighty. This is based on the Prophetic statement, 'None shall punish with fire except the Lord of Fire.' Furthermore, burning falls under the general prohibition implied by this saying. This position aligns with the Madhhab of Abu Hanifa.
Supporting text
The Judge stated that there are two valid narrations regarding this issue, analogous to drowning. One narration permits burning, which is the stance of Imam Shafi'i. This is supported by the narration from Al-Bara' ibn 'Azib, where the Prophet, peace be upon him, said, 'Whoever burns, we shall burn him, and whoever drowns, we shall drown him.' Those who permit burning interpret the first hadith (prohibiting fire punishment) as applying only to instances outside of Qisas (retaliation in kind).