The Killing of One Spouse by the Other and Its Relation to the Killing in Adultery

Question:
Honorable Shaykh, if a husband and wife are found committing adultery, or if one parent kills the other, you mentioned that it is not called [murder], and Ibn al-Qayyim (may Allah have mercy on him) referred to the husband’s prostration as a delay in faith so that one spouse would not kill the other.

Answer:
This is a case of gheilah (killing in the act of adultery). It is one of the issues of gheilah, which involves deception and treachery. The killer is punished under the category of hudud (fixed punishments), not under the category of qisas (retaliation in kind). The matter is referred to the authority in power and the judgment of the judge. There is a need to protect public security, and there is a right belonging to the guardians of the victim.