Is a son subject to retaliation (Qisas) for killing his father?
General Chapter
Al-Mughni
Book of Wounds
Primary text
The primary established position holds that the son is killed (subject to Qisas) for killing his father. This ruling is supported by explicit Quranic verses and authentic narrations (Akhbar), and it aligns with valid legal analogy (Qiyas). Furthermore, the father holds a greater sanctity and right than a non-relative; thus, if the son is penalized for killing a non-relative, he is even more so penalized for killing his father. The son is also subject to the prescribed punishment (Hadd) for slandering his father, similar to how he would be if he slandered a non-relative.
Supporting text
A second narration attributed to Ahmad holds that the son is not killed for his father because the son's testimony regarding kinship rights is not accepted regarding his father, just as the father's testimony regarding the son is treated. The basis for rejecting the analogy of the son to the father is that the sanctity owed by the child to the parent is more binding, and the son is described as belonging to the father, signifying ownership, which is not the case for the father regarding the son.