Is Qisas (retaliation in kind) obligatory for the intentional killing of a Muslim in the Abode of War (Dar al-Harb)?
General Chapter
Al-Mughni
Book of Wounds
Primary text
Qisas is obligatory upon the intentional and knowledgeable killer of a Muslim in the Abode of War, regardless of whether the killer had previously immigrated (Hijra) or not. This is the position of Al-Shafi'i. The evidence relies upon general verses and narrations concerning justice and retaliation. The principle is established that where the killer intentionally kills someone of equal standing unjustly, Qisas is incumbent, just as it would be in the Abode of Islam. Furthermore, any territory where Qisas is obligatory when there is a ruler (Imam) mandates its obligation even in the absence of a ruler, analogous to the Abode of Islam.
Supporting text
Abu Hanifa holds that Qisas is not obligatory for a killing committed outside the Abode of Islam. If the victim had not immigrated, the killer bears no liability for Qisas or blood money (Diyya), whether the killing was intentional or accidental. If the victim had immigrated but then returned to the Abode of War, and one Muslim killed another while both were under safe conduct, the killer is liable for Diyya but not Qisas. A narration attributed to Ahmad supports the view of Abu Hanifa.