Is it permissible to kill a Muslim for killing a disbeliever as a discretionary punishment (ta'zir) rather than as retaliation (qisas)?
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah grant you success. The questioner asks: Is it permissible to kill a Muslim for killing a disbeliever as a discretionary punishment (ta'zir) rather than as retaliation (qisas)?
The Shaykh:
No, it is not permissible. Is he not killed?
The questioner:
Is it permissible to kill a Muslim for killing a disbeliever as a discretionary punishment (ta'zir) rather than as retaliation (qisas)?
The Shaykh:
No. The Hanafis say that a Muslim is killed for killing a disbeliever if it serves as a deterrent against aggression, but the majority say no, a Muslim is not killed for killing a disbeliever due to the lack of equivalence.
Honorable Shaykh, may Allah grant you success. The questioner asks: Is it permissible to kill a Muslim for killing a disbeliever as a discretionary punishment (ta'zir) rather than as retaliation (qisas)?
The Shaykh:
No, it is not permissible. Is he not killed?
The questioner:
Is it permissible to kill a Muslim for killing a disbeliever as a discretionary punishment (ta'zir) rather than as retaliation (qisas)?
The Shaykh:
No. The Hanafis say that a Muslim is killed for killing a disbeliever if it serves as a deterrent against aggression, but the majority say no, a Muslim is not killed for killing a disbeliever due to the lack of equivalence.
Source
قناة «العلامة الدكتور صالح الفوزان»، [2636 -3022] هل يجوز أن يقتل المسلم بالكافر من باب التعزير لا من باب القصاص؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.