Is retribution (Qisas) applicable between rulers/officials and their subjects?

General Chapter

Al-Mughni

Book of Wounds

Book 47 · Issue 1 · Bab 1

Open in Qurani

Primary text

Retribution (Qisas) is applicable between governors/officials and their subjects due to the generality of the Quranic verses and narrations. The blood of believers is considered equal among themselves, and there is no known disagreement on this principle. It is established that Abu Bakr, may Allah be pleased with him, stated to a man complaining about an official unjustly cutting off his hand: 'If you are truthful, I will exact retribution for you from him.' It is also established that 'Umar, may Allah be pleased with him, exacted retribution from himself. 'Umar, upon delivering a sermon, stated that he did not appoint his officials to strike people's bodies or take their wealth, and whoever suffered such treatment should report it to him so he could exact retribution (Qisas). When 'Amr ibn al-'As asked if 'Umar would exact retribution if a man disciplined some of his subjects, 'Umar affirmed it emphatically, stating he saw the Messenger of Allah, peace be upon him, exact retribution from himself. Since the blood of believers is equal, and these two parties are free, sound Muslims without any lineage complication, retribution applies between them just as it applies among the rest of the populace.