Is retribution (Qisas) obligatory if a parent kills their co-parent when they have a child?
General Chapter
Al-Mughni
Book of Wounds
Primary text
Retribution is not obligatory if a parent kills their co-parent when they have a child who is an heir. This ruling applies whether the child is male or female, or whether the deceased has other heirs sharing the inheritance. The reason is that if retribution were obligatory, a portion of it would be due to the child. Since retribution cannot be obligatory upon the child for an injury done to their father (the killer), it cannot be obligatory for the injury done to the other parent. Furthermore, if only a portion of the retribution were due, the entirety of it falls away because retribution is indivisible, similar to when some rightful heirs waive their share.
Supporting text
The opinion that retribution is not due is based on the child being the heir. If the killed person has no child from the killer parent, retribution is obligatory according to the majority of scholars, including Umar ibn Abd al-Aziz, al-Nakha'i, al-Thawri, al-Shafi'i, and the Companions of Ra'y (Ahl al-Ra'y).