What is the ruling on a killer using a means unlawful in itself to kill someone?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If a person kills another using a means that is inherently unlawful for its own sake, such as sodomy resulting in death, forcing the victim to drink wine leading to death, or using magic, the killer is not executed by the equivalent method by unanimous agreement. Instead, the penalty reverts to execution by the sword. This is because the prohibited method is unlawful in its essence, necessitating a switch to execution by the sword, similar to the case of killing by sorcery.
Supporting text
Some scholars within the Shafi'i school hold that in cases of killing by sodomy or forcing wine ingestion, the execution should be carried out by inserting a piece of wood into the victim's anus or by forcing water until death ensues.