Retaliation against a Muslim who kills a protected non-Muslim
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, a Muslim slave killed a protected non-Muslim. Is retaliation carried out against him?
The Shaykh:
His color?
The questioner:
A Muslim slave killed a protected non-Muslim. Is retaliation carried out against him?
The Shaykh:
No, a Muslim is not subject to retaliation for a non-Muslim. However, the killer is to be given a discretionary punishment as the one in authority deems appropriate for him and his like. Otherwise, a Muslim is not killed for a non-Muslim.
The questioner:
He says: Honorable Shaykh.
The Shaykh:
Unless the killer is carrying a weapon in the markets of the Muslims and attacking people. In that case, he is killed as a matter of policy to protect blood. This is considered like a highway robber, like the highway robbers who assault people, kill them, and take their money. It is also like the Khawarij who kill Muslims and non-Muslims and kill whoever they find. This is an aggressor; he is considered an aggressor who is repelled, even if it is by killing.
He says: Honorable Shaykh, may Allah grant you success, a Muslim slave killed a protected non-Muslim. Is retaliation carried out against him?
The Shaykh:
His color?
The questioner:
A Muslim slave killed a protected non-Muslim. Is retaliation carried out against him?
The Shaykh:
No, a Muslim is not subject to retaliation for a non-Muslim. However, the killer is to be given a discretionary punishment as the one in authority deems appropriate for him and his like. Otherwise, a Muslim is not killed for a non-Muslim.
The questioner:
He says: Honorable Shaykh.
The Shaykh:
Unless the killer is carrying a weapon in the markets of the Muslims and attacking people. In that case, he is killed as a matter of policy to protect blood. This is considered like a highway robber, like the highway robbers who assault people, kill them, and take their money. It is also like the Khawarij who kill Muslims and non-Muslims and kill whoever they find. This is an aggressor; he is considered an aggressor who is repelled, even if it is by killing.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 089-كتاب الجنايات - 2-11-25 هـ — archive.org (22:21)
The Arabic text is a machine transcription of the audio recording.
